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CAS-09_PLANNING CASE 2021-09CAMPBELL KNUTSON August 19, 2021 Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Bob Generous RECEIVED Soren M. Mattick City of Chanhassen DaNid S. Kendall Henry A. Schaeffer, III 7700 Market Boulevard AUG 2 3 20Z1 Alina Schwartz P.O. Box 147 Shana N. Conklin Chanhassen MN 55317 CITY OF CHANHASSEN James J. Monge, III Jerome M. Porter Leah C.M. Koch Re: 2300 Melody Hill / Poitevent Lot Split Meagan K. Kelley Benjamin J. Colburn Dear Mr. Generous: Jared D.Shepherd Thomas J. Campbell* I am returning to you for the City's files the original recorded documents regarding the Roger N. Knutson* above -referenced matter, along with the Receipt for recording. My apologies for *Retired taking so long to return these documents. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association can on, Legal Assistant /jmo Enclosures Grand Oak Office Center I 860 Blue Gentian Road Suite 290 Eagan, Minnesota 55121 Main: 651-452-5000 Fax: 651-234-6237 SCANNED K%-%?;•.ck-Iaw.com 217408vI RECEIPT Kaaren Lewis County Recorder Government Center, Admin Bldg 600 East 4th Str Chaska, MN 55318 952-361-1930 EXECUTIVE TITLE INC 11112 86TH AVE NORTH MAPLE GROVE MN 55369 Document #: A 729140 Instrument: CERTIFICATE OF RELEASE / SATISFACTION Services: RECORDER TECHNOLOGY FUND STATE TREASURY GEN'L FUND RECORDING FEES Transaction Total Document #: A 729141 Instrument: RESOLUTION Services: RECORDER TECHNOLOGY FUND STATE TREASURY GEN'L FUND RECORDING FEES Transaction Total Document #: A 729142 Instrument: WARRANTY DEED Services: RECORDER TECHNOLOGY FUND STATE TREASURY GEN'L FUND RECORDING FEES DEED TAX CONSERVATION FEE Transaction Total Document #. A 729143 Instrument WARRANTY DEED Services: RECORDER TECHNOLOGY FUND STATE TREASURY GEN'L FUND RECORDING FEES DEED TAX CONSERVATION FEE Transaction Total Receipt #: RA 202100015792 Issued Date: 07/20/2021 Account #: 1283 Recorded Date: 7/20/21 1:41:OOPM %00 10.50 25.50 46.00 Recorded Date: 7/20/21 1:41:OOPM 10.00 10.50 25.50 46.00 Recorded Date: 7/20/21 1:41:OOPM 10.00 10.50 25.50 1.65 5.00 52.65 Recorded Date: 7/20/21 1:41:OOPM 10.00 10.50 25.50 1.65 5.00 52.65 RECEIPT Kaaren Lewis County Recorder Government Center, Admin Bldg 600 East 4th Str Chaska, MN 55318 952-361-1930 Document #: A 729144 Recorded Date: 7/20/21 1:41:OOPM Instrument: ENCROACHMENT Services: RECORDER TECHNOLOGY FUND 10.00 STATE TREASURY GEN'L FUND 10.50 RECORDING FEES 25.50 Transaction Total 46.00 Document #: A 729145 Recorded Date: 7/20/21 1:41:OOPM Instrument: EASEMENT Services: RECORDER TECHNOLOGY FUND 10.00 STATE TREASURY GEN'L FUND 10.50 RECORDING FEES 25.50 Transaction Total 46.00 Document #: A 729146 Recorded Date: 7/20/21 1:41:OOPM Instrument: ENCROACHMENT Services: RECORDER TECHNOLOGY FUND 10.00 STATE TREASURY GEN'L FUND 10.50 RECORDING FEES 25.50 Transaction Total 46.00 Document #: A 729147 Recorded Date: 7/20/21 1:41:OOPM Instrument: EASEMENT Services: RECORDER TECHNOLOGY FUND 10.00 STATE TREASURY GEN'L FUND 10.50 RECORDING FEES 25.50 Transaction Total 46.00 Document #: A 729148 Recorded Date: 7/20/21 1:41:OOPM Instrument: WARRANTY DEED Services: RECORDER TECHNOLOGY FUND 10.00 STATE TREASURY GEN'L FUND 10.50 RECORDING FEES 25.50 DEED TAX 722.70 CONSERVATION FEE 5.00 RECEIPT Kaaren Lewis County Recorder Government Center, Admin Bldg 600 East 4th Str Chaska, MN 55318 952-361-1930 Transaction Total Total Amount this Receipt 773.70 1,155.00 Payment Method CHECK 44345 3.30 CHECK 44346 414.00 CHECK 44347 737.70 Document Number: A729140 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH Pkg ID: 7333818 Document Recording Fees $ 46.00 ----------------------------------------------------------- Document Total $ 46.00 Requesting Party: EXECUTIVE TITLE INC Pages: 3 SCANNED This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document (Top 3 inches reserved for recording data) CERTIFICATE OF FULL RELEASE OF MORTGAGE Minnesota Uniform Conveyancing Blanks by Title Insurance Company or Its Agent Form 20.7.1 (2011) Minn. Stat. 507.401 DATE: July 14, 2021 (mortNvdaylyear) Executive Title of MN, LLC dba Executive Title (as Agent of Stewart Title Guaranty Company) a business entity under the insert name of title insurance company or its agent) laws of Minnesota . hereby certifies the following: 1. The mortgage being released hereby was dated April 2, 2020 (mont)Vday"ar) Document Number A693805 (or in Book of _ ■ County Recorder ❑ Registrar of Titles of Carver (check the applicable boxes) recorded on April 10, 2020 as (monttVday/year) Page ). in the Office of the County, Minnesota (the "Mortgage"). 2. With respect to the Mortgage, the name of the a. mortgagor is Judith A. Poitevent and Paul J. Poitevent, wife and husband ('Mortgagor"), b. original mortgagee is Megastar Financial Corp., and MERS, Inc. c. current servicer (if applicable) is 3. If applicable. the last assignment of the Mortgage is described as follows: Name of Assignee: assignment dated recorded on as Document Number (montwday,year) (monthAdaylyear) (or in Book of Page in the Office of the ❑ County Recorder ❑ Registrar of Titles (check the applicable boxes) County, Minnesota. 4. The Mortgage was in the original principal amount of 51,500,000.00 or less, 5. The person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in this state pursuant to Minn. Stat. Ch. 68A; 6. The certificate of release is made on behalf of the Mortgagor or a person who acquired title from the Mortgagor to all or a part of the property described in the Mortgage; 7. The mortgagee or current servicer provided a payoff statement which was used to make full payment of the unpaid balance of the loan secured by the Mortgage; Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 20.7.1 8. Full payment of the unpaid balance of the loan secured by the Mortgage was made in accordance with the written or verbal payoff statement; and. m 9. (Cornpletedbyagent) Appointment of agent recorded as Document Number A617800 (or in Book Page in the Office of the ■ County Recorder ❑ Registrar of Titles of Carver (check the apphcabie boxes) County, Minnesota. Title Insurance Company or its Agent Executive Title of MN, LLC dba Executive Title Its: State of Minnesota, County of Hennepin (type of authority) This instrument was acknowledged before me on July 14, 2021 , by Laura Knowles (monthiVayyear) (name of authorized signer) and by as (type of authority) (Stamp) CRACE SUZANNE NEPPEA NOTARY PUBLIC 3 MiNNESOTA Nty Commission Eimires Jan. 31, 2ff 5 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Executive Title 11112 86th Ave N Maple Grove, MN 55369 D21070038 as Vice President (type of aut") (name of authorized signer) _ of Executive Title of MN, LLC dba Executive Title (narne of Title Insurance company or its Agent) I k&, ' *E�' Title (and Rank): My commission expires O i — .2) ) — 2 ( 11 5 (montt✓dayyear) Document Number: A729141 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH Pkg ID: 7333818 Document Recording Fees $ 46.00 ------------------------------------------------------------ Document Total $ 46.00 Requesting Party: EXECUTIVE TITLE INC Pages: 5 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document CITY OF CHANHASSEN 2 CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 10, 2021 RESOLUTION NO: 2021-21 MOTION BY: Schubert SECONDED BY: Campion A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION JUDITH & PAUL POITEVENT, 2300 MELODY HILL ROAD WHEREAS, Judith and Paul Poitevent have requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: All that part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the Northerly right-of-way line of Bardwell Road distance 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning; and WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Single -Family Residential district, RSF; and WHEREAS, the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed metes and bounds subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts, Parcels A and B, subject to the following conditions of approval: Building: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 3. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Each lot must be provided with a separate sewer and water service. Engineering: 1. The applicant shall record typical drainage and utility easements around the perimeters of each parcel. 2. The applicant shall enter into an encroachment agreement for the existing fence and retaining wall on Parcel B and the existing retaining wall on Parcel A within the newly created drainage and utility easement prior to, or concurrently with, the recording of the subdivision. 3. Retaining walls shall not be constructed within drainage and utility easements. 4. Prior to connecting to the existing service laterals, the applicant's contractor shall verify their serviceability. For sanitary sewer, this shall be accomplished via CCTV which will be provided to the city for review prior to connection. 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021 they total $13,173.94, and are enumerated as such: a. Partial Hookup Fees: a Water Hook -Up fee of $2,476.00 and a Sewer Hook -Up fee of $691.00 b. Surface Water Development Fee: $4,206.94 c. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the dripline or the furthest point possible from the trunk around trees #391 and #397. 2. If trees #391 or #397 are damaged or removed due to construction, they must be each be replaced with a 2.5" overstory shade tree. Parks & Recreation: 1. Park Dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Planning: 1. The existing patio on Parcel B shall be removed. The applicant may provide a security in the amount of 110 percent (110%) of the cost for its removal. If a building permit for a house on Parcel B is applied for within 12 months of the approval of the subdivision, then the security shall be returned. Water Resources: The applicant shall obtain all necessary permits from the Minnehaha Creek Watershed District, or show written proof that no permit is necessary from the District. 2. The Surface Water Development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021, the Surface Water Development fee totals $4,206.94. And adoption of the Findings of Fact and Decision. Passed and adopted by the Chanhassen City Council this I Oh day May of 2021. ATTEST: Laurie Hokkanen, City Manager YES NO Ryan McDonald Campion Rehm Schubert F, - Elise Ryan, Mayor ABSENT CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I, Kim Meuwissen, Deputy Clerk of the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2021-21 "Approving a Metes and Bounds Subdivision Judith & Paul Poitevent, 2300 Melody Hill Road." adopted by the Chanhassen City Council on May 10, 2021 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 1 lth day of May, 2021. Kim uwissen, Dept6f4P4erk r Document Number: A729143 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Crystal Campos, Auditor Mary Kaye Wahl, Treasurer Deputy TH Pkg ID: 7333818 Certificate of Real Estate Value Not Required PID: BALANCE OF 25.1100040 NEW PID 25.1100050 No delinquent taxes Transfer entered Document Recording Fees $ 46.00 Conservation Fee $ 5.00 Deed Tax $ 1.65 ------------------------------------------------------- Document Total $ 52.65 Requesting Party: EXECUTIVE TITLE INC Pages: 5 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2016) eCRV number: DEED TAX DUE: $ 1.65 DATE: 751-)�`i 1 (O (2oZ-C (monthiday/year) FOR VALUABLE CONSIDERATION, Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and marital status of each Grantor) ("Grantor"), hereby conveys and warrants to Paul J. Poitevent and Judith A. Poitevent (insert name of each Grantee) ("Grantee'), as (Check only one box) O tenants in common, (If more than one Grantee is named above and either no box is checked or both boxes are checked. joint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in Carver County, Minnesota, legally described as follows: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "Y', thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described: thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any. The total consideration for this transaction is less than $3,000.00. Page 1 of 2 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies! (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated. By Deputy Chanhassen City CityyCClerk Printed Name ` + e- Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.1 Cheek applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically fled, insert WDC number: ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota, County of Vf ape PI P Grantor (signature) Paul J. Poitevent • 1 � � C �`�Z`iC (signature) Uldith A. Poitevent This instrument was acknowledged before me on Syc'Z �� by Paul J. Poitevent and Judith A. Poitevent (monWdaylyear) married to each other (stamp) (insert name and marital status of each Grantor) ; - CHRISTOPHER L. GEORGE Notary Public Minnesota ! ty Com"K'on Exp.,'s Jan. 31, 2022 v-ro THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Attorneys Title Group, LLC 1054 Centerville Circle Vadnais Heights, MN 55127 Current taxes on parcel suede bed within paid as of 7 " - �" Date) Ka en Lewis parver County Recorder a Deputy (signature ofnotan er Title (and nk My commission expires: (monBVday/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Paul J. Poitevent and Judith A. Poitevent 2300 Melody Hill Road Chanhassen, MN 55317 LEGAL DESCRIPTION: All that part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot M% thence Northwesterly 90 feet along the Northerly line of said Lot "D% theme Southwesterly 337 feet to a point on the northerly fight -of -way line of Bardwell Road distant 153 feet Southeasterly horn the Easterly right-of-way hoe of Chaska Road, as measured along the Northerly rightof-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 let West of the East line of said Lot "D"; thence 308.E feet Nottheasterly W the point of beginning. STANDARD SYMBOLS & CONVENTIONS' only the `' 11 I f" tt\� �1 ♦ t ¢T!<Von 'a" Denotes iron survey marker, found, unless otherwise noted .- u a ``.e� SCOPE OF WORK & LIMITATIONS: \ , I. Showing the leogth and direction of boundary tines of the legal description listed above. The scope of our does include yAsnA No 1 /- j10a senica not determining what was owTt which is a legal matter. Please cbeck the legal description wet usloa' Npsar LAs1s with your records or consuh with competent legal cmrrsel, if necessary, to make sure that it is correct and that any manors of record, such as easements, that tan' may, N4t5t Sof-W r t H OF / = i you wish to be included on the survey have beery shown •0R s5T rs�� _ _ r-•i� �_ - �': -'"� /' / 2. Showing the location of observed existing impmvmeots we deem necessary for the survey. e 3. Setting survey markers or verifying existing survey makers to establish the comers of the -'=---- property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. \(=r�� <�_As--------"'-' -------- ---__-- - ��/��: •' �'� ------ - --- -- i' /' / I 5. Showing and tabulating imperious surface coverage of the lot for your review and for the r"iew ♦ ♦�� ♦\ �j of such governmental agencies that may have jurisdiction over these requirements to �i/• yq'� vmfy they are correctly shown before proceeding with coosvuchoo. _ - �' 6. Showing elevations on the site at Selected Io Uow togive some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for Construction on this site The elevations shown relate to benchmark a % T - A �tr• = ' ' i / �{, ` p ♦ / / / / p- ` !! �--�� •. PI±BC�r/ _/ _ /' - provided on thus `\ a - - survey. Use that benchmark and check at least one other feature shown on the sur ey when determining other elevations Use uon this site a before beginning construction. \ \�4 - 7. This survey has been completed without the benefit of a current title commitment. There may be existin th g easements or o er encumbrances that would be revealed by a current title commitment. \ \ T e ofore, this sur'ey does not purport to show any easemans or encumbrances other than the \ ones shown hereon. 8- The plot of Berdwe0 Acres is old, the von monumenu we have found and show on this survey are rot in "to \ �� N � \ Complete agreement, the legal desorption cahs a point 511.35 fen West of the East lint of Lot D' appear to be intended to be measured along the centrline of Bardwell Rd_ While \ \ we have shown the boundary of this property as best we can from surrounding plats, prim \ \ surveys, and some conflicting infottrhatio/l, we toot be sure that a judge would agree with our \ \ reasoning if the story were challenged If this uncertainty is something that you would like o it is \ \ remove, possible to go to court and have a judge rule on the matter, but like all legal proceedings, time and money would be involved } 9. It should be noted that this survey was completed with significant snow coverage on site. We cannot be certain than all items were observed and located during the process of conducting the survey due to the snow cover. If this uncertainty is something you would like to remove, please / expose all improvements and we can return to locate said items. If needed / / / / lase' ,fsrova[ ORV71E7 AZ 57ZW TRAY /W3TAU ORANCR COA37. /SA•CS CJ \ NUJ AROCND 17" Jul ORorArr" •_-i//� Imo/ PROPOSED LEGAL DESCRIPTION PARCEL A' .� ♦\ L'f That part of Lot "D' Bardwell Ames Lake Minnetonka Carver Cosmry, Minnesota described as follows: Beginning at the porn 350.3 feet West of the Northeast eorsrer of said Lot -D"; them Nonhwatrl) 90 feet along the Northerly line Lot "D"; \\ 3`` / \\ d \ • ♦, of said thence Southwesterly 337 feel to a point on the nnortheriy right-of-way line of Bwdwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right -of --way line of Bardwell Road, thence Southeasterly 331.6 feet to a point 511.35 felt West of the East line of said Lot "D"; thence 308.E feet Nortlseasterty to the of beginning, lying Northwesterly '( •''N point of the following described lose: Commencing at a point on the Nonbnty line of said Lot "D", distant 350.3 feet West of the Northeast comer of sad Lot "D"; thence \ Northwesterly along the Northerly line of said Lot "D", a distance of 57.04 feet, TO the beginning of the line to be described; theme Southwesterly. DRAINAGE AND UnrTY EASDAE N7S SHO%N THUS \\ deflecting to the led, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly rightof-way of Bardwell Road, and said line there terminating. \ _____-�I \\ PROPOSED LEGAL DESCRIPTION PARCEL B, I \\ Thu part of Lot 'D' Bardwell Acres Lake Minnetonka, Cane County, Minnesota described as follows: Beginning at the point 350.3 feet 1 1 \ West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 a a feet to a point on the northerly rigbtof-w'ay line of Bardwell Road distant 153 Ices Southeasterly from the Easterly right-of-way lire of Chaslu 1 I 1 Road, as measured along the Northerly nghtof-way line of Bardwe0 Road; them Southeasterly 331.6 feet to a point 511,35 fen West of the "D"; East line of said Lot thence 309.6 feet Northeasterly #o the point of beginning, lying Southeasterly of the following desrnbed Inc: Commencing u a point on the Northerly line of said Lot 1D", distant 350.3 fen West Northeast "D"; I I of the Corner of said Lot thence Northwesterly along the Northerly tine of said Lot "D", a distance of 5T04 feet, to the beginning of the line to be described: thence / Southwesterly, deflecting to the left. 98 degrees 54 minutes 49 seconds, a distance of 304.99 fen, to the Northerly right-of-way of Budwe0 Rod, and said line there terminating. ssll+c s raT .I wo naB sE r we / t i gal � / REVISION DESCFVTON SOW PROPOSED AWROWENOM Amp TAGGED TREES LOCATE EDGE OF ROAD AFTER SNOW MELT S M PROPOSED OW70LRS ADD DR -AGE a UTILITY EASEMENTS TO RO AAMNG LOT SNOW IREE PR[SmYATON DRAWNG ORIENTATION a SCALE CLIENTI JUDY POITEVENT 2300AMWDYMU CHANHASSEN, MN 41 /'1 � �` IOaiats Nast tun 6-. ^ / ;// i i , \�l♦k _ xai (DESC39 3T) i I / / ___A 1 ly r IF" % �l NOTE: WE HAVE SHOWN A POSSIBLE SCENARIO THAT att t / - WORKS WITH THE ALLOWABLE LOT COVERAGE. Rr,■ ��ii�!,[ ACTUAL BUILDING PUCOULD NS AND IMPROVEMENTS /,, eARAq rtaDi °?o vet L Net f `-Ab'i BE ADJUSTED AS NEEDED TO ACCOMMODATE ��s` C DIFFERENT SITE PUNS. rI 'AEXISTING HARDCOVER - PARCEL A GMEME T FLOOR n HOUSE B GARAE 1,00n . SO.Fir. CONC. GARAGE APRON 653 SO. Fr. _ DRIVEWAY 3,614 SO. FT. r / / STEPS T37 SO. FT. PAVER WALK a STOOP 766 SO. FT. 1 / TOTAL EXISTING HARDCOVER B,DOG 50. FT. ! AREA of LOT 37.166 SO. FT. err (AREA EXCLUDES 18 FT ROAD EASEMENT) jY4 LOT COVERAGE 21 .5lk I IEXISTING NAROCOVER - PARCEL B POOL PATIO 1,426 SO. FT. / y TOTAL EXISTING HARDCOVER 1,426 SO. FT. I \\ / f/ AREA OF LOT 21,161 SO. FT. (AREA EXCLUDES 16 FT ROAD EASEMENT) ` I 1 \ ♦ B 1 / LOT COVERAGE 6.7% _J ► 6pyz7• Ir ' / 4T%--�Qy-� - _ L _ - __n I `\tj MBTai1r'" is i 1 -----[-- - r- - - -- - - aur.rau I V y / 1 Cnr OF C,�.- 51013 (AREAS) - - _ _ �f APF 6. -w_weraa (PDe mr As�uar) s,T35 (DESC) �l Advance'°° AN1 aunt I AY A IIWu aE ire St"eykV d Engineering, Co. �� J 1Ta1I HDM"NR. T Mkr mr—io ss34s Pi- R52)tT4T96a uvt wv.N�esu.mm •aneoRa RFPORI I SURVEYED DATE. 'unox FEBRUARY Z 2021 DRAFTED DATE FEBRUARY 4. 2021 SHEET TITLE LOT SPLIT SURVEY TREE PRESERVA77ON SHEET SRE: 22 X 34 ORAVANG Nlra6ER 110036 WPLOT SPLIT S1 Document Number: A729142 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Crystal Campos, Auditor Mary Kaye Wahl, Treasurer Deputy TH Pkg ID: 7333818 Certificate of Real Estate Value Not Required PID: SPLIT OF 25.1100040 NEW PID 25.1100045 No delinquent taxes Transfer entered Document Recording Fees $ 46.00 Conservation Fee $ 5.00 Deed Tax $ 1.65 -------------------------------------------------------------------- Document Total $ 52.65 Requesting Party: EXECUTIVE TITLE INC Pages: 5 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2016) eCRV number: DEED TAX DUE: S 1.65 DATE: 5" '-t U&IT-*zt (montrVday/year) FOR VALUABLE CONSIDERATION, Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and marital status of each Grantor) ("Grantor"), hereby conveys and warrants to Paul J. Poitevent and Judith A. Poitevent (insert name of each Grantee) ("Grantee'), as (Check only one box) ❑ tenants in common, (II more than one Grantee is named above and either no box is checked or both boxes are checked. gjoint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in Carver County, Minnesota, legally described as follows: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the northeast corner of said Lot "D"; thence northwesterly 90 feet along the northerly line of said Lot "D"; thence southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet southeasterly from the easterly right-of-way line of Chaska Road, as measured along the northerly right-of-way line of Bardwell Road; thence southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the northerly line of said Lot "D", distant 350.3 feet West of the northeast corner of said Lot "D"; thence northwesterly along the northerly line of said Lot "D", a distance of 57.04 feet, to the beginning of the line to be described: thence southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any. The total consideration for this transaction is less than $3.000.00. Page 1 of 2 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: 2�) Z) BY Deputy Chanhassen City Clerk Printed Name: ,� Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.1 eThce applicable box. Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota, County of Ramsey H Els-0010" Grantor � (signature) Paul J. Poftvent (signs e) J ith A. Poitevent This instrument was acknowledged before me on SjLt / (017074 by Paul J. Poitevent and Judith A. Poitevent (monVdayyear) married to each other (insert name and marital status of each Grantor) CHRISTOPHE, a� R L. Q�:ORGE No wly Public Mi irtesota ?t` C,'ai F bites Jan. 31, 202?. THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Attorneys Title Group, LLC 1054 Centerville Circle Vadnais Heights, MN 55127 current taxes on parcel split described q -2C-gLlDate) Within paid as of �— rver county Recorder Kaa n Lewis Dept (signature of Title land My commission expires. (montNdayryear) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Paul J. Poitevent and Judith A. Poitevent 2300 Melody Hills Road Chanhassen, MN 55317 LEGAL DESCRIPTION: All that part of Lot *D' Bardwell Area Lake Mmnemoka, Carver County, Minnesota, described as follows: Beginning at the point 3503 fen West of the Northeast corner of said Lot "D": thence Northwesterly 90 feet along the Northerly line of said Lot "D% thence Southwesterly 337 fen to a point oD the twrtherly rightof-way, line of Bardwell! Road distant 153 feet Southeasterly from the Easterly rightof--way, line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 fen to a point 5I 1.35 feet West of the East line of said Lot "D thence 308.6 feet Northeasterly to the point of beginning. .r N ✓I.) Jt v \ r4h:; I r \ STANDARD SYMBOLS R CONVENTIONS: Denotes iron soNq marker, found, unless otherwise amod ✓ 4 T+ S \ s•5. / SCOPE OF WORK R LIMLTATIONS: I Showing the length and direction of boundary Imes of the legal description listed above. The of our llu includedetermining °� or W.- y / / �" t°` t Please check thscope a what you own, which is a legal matter. e vita d ocs not Lion B P your records or consult with competent legal counsel, if necessary, to make sure that it is "fir FDDsrbH -Pr OFsow' correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. Ts so+Wa's'� saa 2. Showing the location of observed existing improv®ents we deem necessary for the survey. - 3 Setting sunny mars rkeor verifying existing survey makers to establish the carriers, of the - - - - - - pmpem._ 4 Existing building dimensions and setbacks measured to outside of siding m stucco. 5 Showing and tabulating imperious surface coverage of the lot for your review and for the y�\ ♦\ A, ♦ 'I review of such governmental agencies that may have jurisdiction over these requirements to $ 1 r/ verify they are correctly shown before proceeding with construction. _ _ \\ A - 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for~\ construction on this site. The '' _ �+�''' ��' •' / ' i i : e N\` t4! ♦ �� : ' p/ / / i ; • / / / / J eletatom shown relate only to the benchmark provided on this survey. Use that benchmark kart femme and check at one other shown on the survey %hco detrnnining other elevations for use on this site or before beginning construction. 7. This survey hu been completed without the benefit of a current title commitmem. There may be ♦ / / v \ }- i/' �� " , ��% _ •' /i .� / exunng easemeoa or other cocumbtances that would be revealed by a current title commitment Therefore, this survey does not purport to show eery easements or encuenbrances other than the \ \ ones shown hereon \ Z 8rns . The plat of Bardwell Ais old, the iron monuments we have found and show on this survey ! �\ rose not in complete agreement, the legal description calls "m a point 51135 feet West of the East \ \ lint of Lot D' appear to be mtended to be measured along the centerline of Bardwell Rd While \ we have shown the boundary of this property as best " can from surrounding plats, prior \ \ soi"c 3 and some conflicting infomaUon, we (EDT be sue that a judge would agree with our \ \ reasoning if the survey were challenged If this umcertahay is something that you would like to \ \ remove, it is possible to go m court and have a judge rile on the matter, but like all legal r proceedings, time and money would be involved 9. It should be noted that this survey was completed with significant snow coverage on site. we cannot be certain that all items were, observed Rod [oared during the process of conducting the / survey due to the snow cover. If this uncertainty, is something you would like to remove, please / expose all unprovements and we can remnt to locate said items, if needed. / / / / 777RA' RSYOv/L PRO7DLT ®7ZW TN" - /Lv3TiLC ORAV6Z C12337. /Dual I 1 C JA -� ♦�� AR00D 7JPA7 IV PROf3tT/ _ w` 01 It CIA PROPOSED LEGAL DESCRIPTION PARCEL A: `� 1 That part of Lot 'D' Bardwell Acres Lake Minnetonka Carver County, Minnesota, described as follows: Beginning at the point 350.3 fen � West of the Northeast comer of said Lot "D% thence Northwesterly 90 feet along the Northerly line of said Lot 'D"; thence Southwesterly 337 fat to a point on the northerly right-of-way line of Bardwell Road distant 153 fen Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly fight -of -way line of Bardwell Rod; thence Soalxasterty ]131.6 fen m a point 511.35 feet West of the �� , \ \ �' ; a • 4 Eatt line of said Lot'D'; tberce 308.E fen Northeasterly m the point of begummg, lying Northwesterly of the following descnbeelline: '! Commencing at a point on the Northerly line of said Lot'D', distant 350.3 feet west of the Northeast comer of said Lot'D"; &-4c ��`•••LLLrrr�� Northwcstcrly along the Northerly linc of sad Lot "D', a distance of 57.04 feet, to the beginning of the line to be described;- thence DRAINAGE AND UTIUTV EASEMENTS SNoraR 71a1S. \ \ f�� Southwesterly, deflecting to the lefr, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly rightof-way, of Bardwell \ \ j♦ 4b \ Road, and said line there terminating. _ \ \'4a `1\ 2 PROPOSED LEGAL DESCRIPTON PARCEL B: That part of Lot 'D" Ba d mll Aces Lake Minnetonka Caner County, Minnesob, described as follows: Beginning at the point 350.3 feet West of the Northeast comer of said Lot 'D*; thence Northwesterly 90 feet along the Northerly fine of sad Lot'D% thence Southwesterly 337 fed to a point on the nmhely rigbtof-way line of BardweR Rod distant 153 feetSoutheasterly\ 3.4 oudwa from the et to a right-of-way tine of Chaska Road, n measured said of aalonthe Northerly .6 feet (-way tine of BardweB Rod; thence Soutlseuterly 331.E feet to a point 511.35 feet West of the Fast line of said I.q 'D"; thence 308.E feet Northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point no the Northerly line of said Lot "D', distant 350.3 feet West of the Northeast comer of said Lot 'D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.04 feet, to the beginning of the line to be described; thence Southwesterly, deflating to the Ick 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell NONere 5 �o rIN ww rir Road, atd said line thetemnirating. rum sec As - ON � :: ,•: �� % / / ! / / / / � i 4 � � rlaameAs* mar ra. o i .r j j / i�//' ��//♦�,i/ �'\\� \ 349.39 (YEAS) 35&- F� •��/l!/''/ � •\ / �� cap � �� A. 11a/l (f � • � f~ I ■1 / ��; •� / /. 9rs.!+� NOTE: WE HAVE SHOWN A POSSIBLE SCENARIO THAT WORKS WITH THE ALLOWABLE LOT COVERAGE. ACTUAL BUILDING PLANS AND IMPROVEMENTS CDIRD Mt RnoG aeo se i 9sII�I BE ADJUSTED AS NEEDED TO ACCOMMODATE RauP : DIFFERENT srn PLANS. / . 1; /. / ( • . f%O~e EXISTING HARDCOVER PARCEL A _I NOOSE %a3a SO. FT. GARAGE GAGE 1,000 50. FT. CONC.61/ S GARAGE APRON DRIVEWAY 5, O. FT. STEPS 137 SO. FT. / PAVER WALK a STDOP 768 SO. FT. TOTAL EXISTING HARDCOVER 6,006 SD. FT. I AREA OF LOT 37,166 SO. FT. I �AS / !� �•� r'-/�' (AEA EXCLUDES 1e FT ROAD EASEMENT) I LOT COVERAGE 21 .5% EXISTING HARDCOVER - PARCEL B POOL PATIO 1,426 SO. FT. ♦ 4f� / TOTAL EXISTING K40DCOVEP 1.426 SO. FT. ♦♦ / // AREA OF LOT 21,161 SO. FT. 1 Ja (AREA EXCLUDES 18 FT ROAD EASEMENT( 1\♦ F / / LOT COVERAGE 6.7% 1 / ^^ -1 CIM L iI aREcf IVE aWst- 1�ge1 510.13 (MEAS) - - _ ;PR 05 n_lmtm Lm a" Ar saO 511,35 (DESC) DATE REM" DESpp1x1N ORA1Mfi dB/TATION aSCALE CLIENTO" ADORES$ 11@aY Rl•T IM\T IN6 HIAA Oa aDaal SURVEYED DATE: SHEET TITLE SHEET NO. u Pm,rm n .DIN LOT SPLIT SUR VEY 3/S/21 qRD. PROPOSED WmRnyddT3 AM TACDED ,BEES van c e A,o 1M, 1 Na . a1xT IMY p/��G�lL�T•f� udo x ate Or K Sur$• 3/1a/r tOGstE EDGE 6 ROAD K/Dt srDW MELT �VII G Yll�! 1 FEBRUARY22021 TREEPRESERVATION 3/17/21 SHOW PROPOSED COWMURs Surveying Al Engineering, Co. YO" ' 1 SHEET SIZE: 22 X 34 N - w.R.w DRAFTEO DATE,* 3/24/21 AOD DRAINAGE a UTRITY EASEIpnM S TO aEYANG LOT 2300MELODYMLL In'? IV ., NP.1 0143503 \�1i M` DRAWING NUMB aER 3/as/21 sHr ,R[E PRCRRvATION L-!! CHANHASSEN, MN a"' M�� c®aa.n " FEBRUARI' 4. 2021 OCI� PI„�,. ,9sxI4T�19a MARCH 5. 2021 210036 WP LOT SPLI T -_ Document Number: A729144 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH Pkg ID: 7333818 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: EXECUTIVE TITLE INC Pages: 7 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document -� (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this It day of 53V( , 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and PAUL J. POITEVENT and JUDITH A. POITEVENT, spouses married to each other ("Owners") 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described on the attached Exhibit "A" ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). The Owners desire to construct a retaining wall and a concrete slab on the Subject Property which encroaches on the Easement Areas as depicted on the attached Exhibit `B" and labeled 2 (retaining wall) and labeled 3 (concrete slab) (collectively the retaining wall and concrete slab referred to as "Improvements") 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas for the Improvements subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: • The City shall have no responsibility to maintain or repair the Improvements located within the Easement Areas. 2166320 • The Improvements must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the Improvements or resulting from construction of the Improvements within the Easement Areas. • The Owners of the Subject Property will own and maintain the Improvements. Further, Owners agree that the retaining wall shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvements located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the Improvements to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the Improvements to the extent it impacts the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. Signature pages follow. 216632vl 2 CITY OF CHANHASSEN BY Fe (SEAL) E ise yan, Mayor And LaM#V Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) A-K 1 The foregoing instrument was acknowledged before me this \ �a day of �1 �anager 2021, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and he City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ` KIM T. MEUWISSEN Notary Public -Minnesota My Co w"elon Expires Jon 31, 2025 216632vl 3 STATE OF MINNESOTA ) ( ss. COUNTY OF fiewr Pto ) The foregoing 5`' T , 2021, other. PROPERTY OWNERS: Paul J. Poitevent r Judith . Poitevent instrument was acknowledged before me this A day of by Paul J. Poitevent and Judith A. Poitevent, spouses married to each EC HRISI'OPHE:Public GENotarytvilnn, F2023 DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 216632vl 4 EXHIBIT "A" That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel B / abstract] 2166320 EXHIBIT "B" STEPS / � •�S1EPS i � .. ti , ti . j 'C 4 y Pit / V. .� • , ; A . , _ I� "� y '•► "gyp �, •.' �r .• `.. -- / 50 96 395 I #344 #393 OR c9z t �J 216632v1 Document Number: A729145 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH Pkg ID: 7333818 Document Recording Fees $ 46.00 -------------------------------------------------------------------- Document Total $ 46.00 Requesting Party: EXECUTIVE TITLE INC Pages: 5 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document treserved for recording information) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES PAUL J. POITEVENT and JUDITH A. POITEVENT, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the Easement Property") INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. 2154150 1 The above -named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above -described Easement Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this 1(0 day of 7SUq , 2021. GRANTORS: Paul J. Poitevent udit A. Poitevent STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this A day of 2021, by Paul J. Poitevent and Judith A. Poitevent, married to each other, Grantors. a THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 CriRISTQPHER L. GEORGE `•'e _ Notary Public =� Minnesota 41y Cm"bsiOl Em'res Jan. 31, 2022 215415vl 2 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A permanent easement for public drainage and utility purposes over, under, across and through the Northwesterly 5 feet, the Northeasterly 5 feet, the Southeasterly 5 feet and the Northeasterly 10 feet of the Southwesterly 28 feet of the following described property: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel A / abstract] 215415v1 3 EXHIBIT "B" to GRANT OF PERMANENT EASEMENT tJ t _ J J - i DRAINAGE AND UTIUTY .M CO:� EASEMENTS SHOWN THUS: � �— , 8e ?), 0 I sl � I I II I I 4EING S FEET IN WIDTH ALONG SIDE AND REAR LOT UNES ANO 10 FEET IN 'WIDTH ALONG FRONT LINE AS SHOWN ON SURVEY i 11111 111TI011 t SCJtLE TITLEJ.lOB ADDRESS Advance SurverV A FngmeefM, Co EASEMENT EXHIBIT' PARC E L A t7wT°"Npnw,y►k T ^ 2300,NlELODY HILL RD. "h'w"M, IA "-- sates a �s sa CHANHASSEN, M. N Vt" „e t%21 4?4.7*6 215415vl 4 Document Number: A729146 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH Pkg ID: 7333818 Document Recording Fees $ 46.00 -------------------------------------------------------------------- Document Total $ 46.00 Requesting Party: EXECUTIVE TITLE INC Pages: 7 SCANNED This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document (reserved for recording in ENCROACHMENT AGREEMENT AGREEMENT made this ib day of 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and PAUL J. POITEVENT and JUDITH A. POITEVENT, spouses married to each other ("Owners") 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described on the attached Exhibit "A" ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). The Owners desire to construct a retaining wall on the Subject Property which encroaches on the Easement Areas as depicted on the attached Exhibit "B" and labeled 1. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas for the retaining wall subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: • The City shall have no responsibility to maintain or repair the retaining wall located within the Easement Areas. • The retaining wall must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. 216631v1 • The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the retaining wall or resulting from construction of the retaining wall within the Easement Areas. • The Owners of the Subject Property will own and maintain the retaining wall. Further, Owners agree that the retaining wall shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the retaining wall located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the retaining wall to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the retaining wall to the extent it impacts the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. Signature pages follow. 216631v1 2 CITY OF CHANHASSEN By (SEAL) E ise Ryan, Mayo And Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) \ , The foregoing instrument was acknowledged before me this 1�«h day of V �� , 2021, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City anager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority gr nted by its City Council. , of ry ublic KIM T. MEUWISSEN Notary Public -Minnesota My CAnrrhasbn Expires Jan 3I. 2025 216631v1 3 PROPERTY OWNERS: Paul J. Poi event v J 1th . Poitevent STATE OF MINNESOTA ) (ss. COUNTY OF KOWOW ) The foregoing instrument was acknowledged before me this l6 day of 'SJl Y , 2021, by Paul J. Poitevent and Judith A. Poitevent, spouses married to each other. A g,r CHRISTOPHER L. GEORGE 5�= Notary Public Minnesota DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 216631vl 4 EXHIBIT "A" That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel A / abstract] 216631v1 EXHIBIT "B" / jo, \ C� - / 395 i 00, .106 216631v1 6 Document Number: A729147 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH Pkg ID: 7333818 Document Recording Fees $ 46.00 ----------------------------------------------------- Document Total $ 46.00 Requesting Party: EXECUTIVE TITLE INC Pages: 5 sCAWjED This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES PAUL J. POITEVENT and JUDITH A. POITEVENT, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the Easement Property") INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. 2156360 1 The above -named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above -described Easement Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this day of 0" -t , 2021. GRANTORS: Paul J. Poi event Judith . Poitevent STATE OF MINNESOTA ) ( SS. COUNTY OF He 6,44P w ) The foregoing instrument was acknowledged before me this 16 day of k:t , 2021, by Paul J. Poitevent and Judith A. Poitevent, married to each other, Grantors. a lic THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 CHRISTOPHER L. GEORGE Notary Public � X Mlnnewta t.�c �l.r. or^+'� , xr^ifas•W.31,2022 2156360 2 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A permanent easement for public drainage and utility purposes over, under, across and through the Northwesterly 5 feet, the Northeasterly 5 feet, the Southeasterly 5 feet and the Northeasterly 10 feet of the Southwesterly 28 feet of the following described property: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel B / abstract] 2156360 3 EXHIBIT "B" to GRANT OF PERMANENT EASEMENT f J 98'S4'49" A5 \\ '�; fir"Vp DRAINAGE AND UTIUTY EASEMENTS SHOWN THUS: 8 Q9 IY Ir SI I I iE %IG S FEE7 IN WIDTH ALONG SIDE AND REAR LOT LINES AND IO FEET IN WIDTH ALONG FRONT LINE AS SHOWN ON SURVEY Advance &#W, W A Enguiwfm, Co. IMy HW'waY Na Phm" (9621474.7%4 DRAWING ORIEWATPN i SCALE v a _s w EASEMENT EXHIBIT 2300 MELODY HILL RD. CHANHASSEN, MN PARCEL B 215636vi 4 Document Number: A729148 Filed and/or Recorded on Jul 20, 2021 1:41 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Crystal Campos, Auditor Mary Kaye Wahl, Treasurer Deputy TH Pkg ID: 7333818 Certificate of Real Estate Value # 1285929 PID: 25.1100045 No delinquent taxes Transfer entered Document Recording Fees $ 46.00 Conservation Fee $ 5.00 Deed Tax $ 722.70 ---------------------------------------------------------------- Document Total $ 773.70 Requesting Party: EXECUTIVE TITLE INC Pages: 3 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document M) (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2016) eCRV number: DEED TAX DUE: $ 722.70 DATE: (montf✓day/year) FOR VALUABLE CONSIDERATION, Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and mantas status of each Grantor) ("Grantor"), hereby conveys and warrants to Pamela A. Simning Revocable Trust (insert name ofeach Grantee) ("Grantee"), as (Check only one box) ❑ tenants in common, (If more than one Grantee is named above and either no box is checked or both boxes are checked. ❑ joint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in Carver County, Minnesota, legally described as follows: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the northeast corner of said Lot "D"; thence northwesterly 90 feet along the northerly line of said Lot "D"; thence southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet southeasterly from the easterly right-of-way line of Chaska Road, as measured along the northerly right-of-way line of Bardwell Road; thence southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the northerly line of said Lot "D", distant 350.3 feet West of the northeast corner of said Lot "D"; thence northwesterly along the northerly line of said Lot "D", a distance of 57.04 feet, to the beginning of the line to be described; thence southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any. Page 1 of 2 Page 2 of 2 Cher applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: .) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously fled well disclosure certificate. State of Minnesota, County of .R-uaceY— to C710' 6?1 1 Minnesota Uniform Conveyancing Blanks Form 10.1.1 Grantor (signature) Pau J. Poit nt 5;�'. CA 7)' udith A. Poitevent This instrument was acknowledged before me on SQLII I bI U? ( , by Paul J. Poitevent and Judith A. Poitevent, (monWday/year) married to each other (insert name and mental status oreach Grantor) (Stamp) (signature or notarial o 00", CHRISTOPHER L. GEORGE Title (and Ra ): Notary Public My commission expires: f r, Minnesota montrvdayryear) My Commission Expires Jan. 31, 2022 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Attorneys Title Group, LLC 1054 Centerville Circle Vadnais Heights, MN 55127 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert legal name and residen0al or business address of Grantee) Pamela A. Simning Revocable Trust Z1teLe �c,,sie7 C(tcko hws 5 5 3 / 7 CAMPBELL KNUTSON PROFESSIONAL+ ASSOCIATION July 15, 2021 Elliott B. Knetsch Via E-mail: eric(a,etofmn.com Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick Mr. Eric Whiteis David S. Kendall c/o Executive Title Henry A. Schaeffer, III Alina Schwartz 701 Xenia Avenue South, Suite 260 Shana N. Conklin Golden Valley, MN 55416 James J. Monge, III Jerome M. Porter Leah C.M. Koch Re: City of Chanhassen — 2300 Melody Hill — Paul and Judith Poitevent Meagan K. Kelley g y Closing Jul 16, 2021 Thomas J. Campbell* Dear Mr. Whiteis: Roger N. Knutson* *Retired This office is legal counsel for the City of Chanhassen ("City"). For convenience, Executive Title is referred to in this letter as "you." This letter ("Escrow Instructions") constitutes Escrow Instructions for the lot split and closing regarding the above -referenced property. The City's closing documents will be delivered under separate cover and shall be disbursed strictly in accordance with these Escrow Instructions. Attached to this letter is an acknowledgement by you of the receipt of this letter and your agreement to hold and disburse the closing documents and funds in accordance with these Escrow Instructions. Prior to undertaking any actions related to the Escrow Instructions, you must first sign and return a copy of this letter to me via r e-mail with the original to follow by mail. 1. Documents. The following City documents will be delivered to you: A. Certified Resolution Approving Lot Split. B. Deed from Poitevents to themselves for Parcel A with City's approval affixed. C. Deed from Poitevents to themselves for Parcel B with City's approval affixed. D. Encroachment Agreement for retaining wall on Parcel A. E. Encroachment Agreement for retaining wall and cement slab on Parcel B. Grand Oak Office Center I 860 Blue Gentian Road 2. Closing Conditions. The documents are to be disbursed, if and only if, the Suite 290 following conditions have been met: Eagan, Minnesota S S 121 Main: 651-4S2-S000 Fax: 6 S I -2 34-62 37 %vAvw.ck-law.com 216639vI Page 2 July 15, 2021 Executive Title Re: 2300 Melody Lane A. You have received the executed Certificate of Full Release of Mortgage. B. You have received the two executed Warranty Deeds, with the City's seal of approval, creating the lot split, along with a copy of the survey. C. You have obtained the signatures of Paul and Judtih Poitevent on the two Grant of Permanent Easements for Drainage and Utility Purposes as provided to you via email. D. You have obtained the signatures of Paul and Judtih Poitevent on the two Grant of Encroachment Agreements. E. You have verified that all taxes and any special assessments have been paid in full. F. You have received all funds necessary to cover the cost of recording the documents creating the lot split and encumbrances. G. You have received telephonic instructions from the undersigned or member of this firm to proceed with the closing of the transaction. 3. Closing Instructions. When the conditions under Section 2 of these Escrow Instructions have been met, you shall record the following documents in the order listed, prior to anx other transfer documents or encumbrances: i. Release of Mortgage ii. Certified copy of Resolution Approving Split iii. Deed from Poitevents to themselves for Parcel A iv. Deed from Poitevents to themselves for Parcel B V. Grant of Permanent Easement for Drainage and Utility Purposes for Parcel A vi. Grant of Permanent Easement for Drainage and Utility Purposes for Parcel B vii. Encroachment Agreement for retaining wall on Parcel A viii. Encroachment Agreement for retaining wall and cement slab on Parcel B 4. Recorded Documents. Once recorded, you will return the original recorded documents referenced in paragraph 3, above, to the undersigned. 5. Closing Date. Unless you are able to close this transaction, and record the documents listed, before the end of business on Monday, July 19, 2021, you shall return the Escrowed Documents to me, unless you receive other instructions from the respective parties. 216639v1 Page 3 July 15, 2021 Executive Title Re: 2300 Melody Lane If you have any questions regarding the above, please contact the undersigned. Thank you for your cooperation in this matter. Very truly yours, CAMPBELL KNUTSON Professional Association By: Andrea McDowell Poehler AMPrjj= Enclosure Cc: Bob Generous (via email) Agreed to and accepted this day of July, 2021. EXECUTIVE TITLE In Eric Whiteis 216639v1 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 553 07/14/2021 12:34 PM Receipt No. 00477426 CLERK: ashleym PAYEE: Paul or 2300 Melody Hill Excelsior Park Fees Swamp Fees Sewer Hook -Up Water Hook -Up Encroachment Agreement Total Cash Check Change 0.00 13,273.94 FIELD TREE INVENTORY LOG PROJECT NAME: Tree Survey at 2300 Melody Hill, Chanhassen, MN Judith Poitevent, Owner DATE: 3/2/2021 Lot Condition: Undeveloped TIME: 12:20 PM Sunny 40 Degrees F. TAG NO. TREE DIA. IN SPECIES CONDITION REMOVE? NOTES 391 23 Green Ash Good N 392 17 Black Walnut Good Y 393 10 Black Locust Fair N 6 Trunks at Grade 394 17 Green Ash Good N 395 11 Crabapple Good N 396 13 Green Ash I Good I N 397 50 1 American Elm I Fair I N I Trunk Damage, DIED Present in Adjacent Elm 7 NO. OF TREES TAGGED 141 ;TOTAL INCHES INVENTORIED EXISTING TREE TO BE REMOVED EXISTING CANOPY COVERAGE AREA PROPOSED CANOPY COVERAGE REMOVAL PRE -DEVELOPMENT CALCULATIONS: PARCEL NET ACRES: 1.3 ACRES (56,628 SQ FT) APPROXIMATE TREE CANOPY COVERAGE: 25,800 SQ FT APPROXIMATE % TREE CANOPY COVERAGE: 45.5% POST -DEVELOPMENT CALCULATIONS: REMOVAL OF (1) 17" TREE, EST. 600 SF CANOPY APPROXIMATE DEVELOPMENT TREE CANOPY COVERAGE: 25,200 SQ FT APPROXIMATE DEVELOPMENT % TREE CANOPY COVERAGE: 44.5% TREE NOTED TO REMAIN DRIP LINE 4' SNOW FENCE WITH POSTS Op 8' O.C. (MAX.) AT EDGE OF CRITICAL ROOT ZONE (A RADIU: OF 1-1/2 FEET FOR EVERY 1 INCH OF OBH FOR THE TREE TRUNK OF THE TREE BEING PRESERVED, REFER TO PLAN FOR LOCATION, ELEVAIION NO-E: TREE PROTECTION SHALL BE PROVIDED BY CONTRACTOR AS REQUIRED TO AIDE IN SURVIVABILITY OF EXISTING TREES TO REMAIN, DO NOT STORE MATERIALS OR DRIVE EQUIPMENT WITHIN THE TREE DRIP LINE AS DESIGNATED ABOVE. MAINTAIN -1,E FENCE INTEGRITY AT ALL TIMES THRCUGHOUT CONSTRUCTION. -REE PROTECTICN FENCE SHALL BE IN PLACE PRIOR TO THE S-ART OF DEMOLITION, EXISTI % 1,10770 SCALE ION DETAIL —Ap \\ 0A, �, 1 (�F, \ 1 �\ `✓ 337� CDESCi / / /�o�o�, job~; '° /'// // / /'//,' //// 98'5,149" \0, '0 340'S7 ` 5 7g Al ZpO� / oti°� `% / / / /l/�/ /� / //\\I y O�scJySJ� 01 CNASKA RD' ON EN �Di / g! 015 // THE EPS�R`Y ROW OF 51 pDD1�ON �p5 M UM ry/ i Doti / ///' j/�j/// /� / +' ' ,. �oP / / , l // j// � //;' !\\ Qa� NORTHEAST CORNER LOT D-' �Y FROM tGER f\R /�� \� 53 FZ SOUEpS�Ft UD1ERV1NE OF V 5 _ I'Z' %'' / DE9 qR ' / / / ,' // �OUDfD AREA \ y I \ _ 349.39 (MEAS) I / 350.3 (DESC/PLAT) / / �,' / �` �' / STEPS / \ r 024— STEPS \ \ \ ^ c o BITUMINOUS DRIVEWAY; W1 IGDFIDAREA(//',/, \ \ ^5 � O �r— //� // o % ate � // i/ I I �I ( I + !•` . }. / • u x p/ \ — _jp32 / � -" / / // r- �l ! I I /� � �\ .• / PROPOSED HARDCOVER - PARCEL B I o`3 // // d�O°�jl +.' DWELLING 2,901 SQ. FT. #396 ,i- PORCH 253 SQ. FT. _lost' r� oMY !SnNc ,� / �� I Pe¢ DRIVEWAY 1,662 SQ. FT. /// #395 i -- - -I �' �y� POOL PATIO 474 SQ. FT. #393 #3sa I /' r� �`° (PATIO TO BE REMOVED AS NECESSARY) TOTAL PROPOSED HARDCOVER 5,290 SQ. FT. OD /l / / 2 Z-..- AREA OF LOT 21,161 SQ. FT. P. �• — °3�\ / z..� ,' �' / ,o �,�� /mil,, // Q�� OE• °y o''� / ?S� / /1 / „' / r �� LOT COVERAGE 25.0% ✓ / T } �h �� NOTE: WE HAVE SHOWN A POSSIBLE SCENARIO THAT / f A`,O IF �� WORKS WITH THE ALLOWABLE LOT COVERAGE. / \ c�A BA ��R.�; / / `1'� 2J 5.,, ' / ,' ' ./.. / %�gg B FIRST �0 E DlygL�I / , ,� A o i ACTUAL BUILDING PLANS AND IMPROVEMENTS COULD S FO A \ o°ry / , / / �. // U l ASEMENT OR = 10 _ BE ADJUSTED AS NEEDED TO ACCOMMODATE GARAGE FLOOR 60.50 392 �i Q 1 / �� \ \ 9 Sri /' \ °. °��FLUQR tosiop° / /Np 0 w DIFFERENT SITE PLANS. / �� \ ��+s �'�� 's / `h/ ,y ' / / 1 �' /i' 1 / �1 II �// � I l; / i 1 I I ;, // V, V IrvCO A/ '�/I/7" (LOWEST ALLOWABLE ti QUO Oo�• / \ o /S� \ �• o`� , / / 0 / BASEMENT FLOOR - 1047.5) '7 Ay' v "0 o� S \ I \ soJ'es IC \ S a / o #3s7 o°q ; t� 04 i / \ '0 \\\ �s /\ /� a"0 .� c),) 9�s Fps 391 \ < / \ �� \„�x s Ate, °sse� DRAINAGE AND UTILITY EASEMENTS SHOWN THUS. LIN O\O\\s EXISTING HARDCOVER - PARCEL A HOUSE 1,836 SQ. FT. GARAGE 1,000 SQ. FT. CONC. GARAGE APRON 653 SQ. FT. DRIVEWAY 3,614 SQ. FT. STEPS 137 SQ. FT. PAVER WALK & STOOP 766 SQ. FT. TOTAL EXISTING HARDCOVER 8,006 SO. FT. AREA OF LOT 37,166 SQ. FT. (AREA EXCLUDES 18 FT ROAD EASEMENT) LOT COVERAGE 21.5% EXISTING HARDCOVER - PARCEL B POOL PATIO 1,426 SO. FT. TOTAL EXISTING HARDCOVER 1,426 SQ. FT. AREA OF LOT 21,161 SQ. FT. (AREA EXCLUDES 18 FT ROAD EASEMENT) LOT COVERAGE 6.7% I \od tl \ \ At \r800I / — I 5 5 _ n 5.47 \N B bIHMARK- I I \ G/fir N 87 43'27 TOP NUT HYD. — ELEV.=1062.9 I / i I ' L jI / \ EXIST. SMH RIM = 1059.19 510.13 (MEAS) — BEING 5 FEET IN WIDTH ALONG SIDE AND REAR / —INV=1051.00 (PER CITY AS -BUILT) 511.35 (DESC) LOT LINES AND 10 FEET IN WIDTH ALONG / FRONT LINE AS SHOWN ON SURVEY — ui 41 00 N I I I I I I CITY OF CHAN ASSEN RECEIV APR 0 5 021 CHANHASSEN; NG DEPT DATE REVISION DESCRIPTION DRAWING ORIENTATION & SCALE CLIENT/JOB ADDRESS I HEREBY CERTIFY THAT THIS,PtAN" N~r OR REPORT SURVEYED DATE: SHEET TITLE SHEET NO. Advance WAS PREPARED BY ME OR U I) , SUPERVISION 3/5/21 SHOW PROPOSED IMPROVEMENTS AND TAGGED TREES AND THAT I A A DULY,,;; -AT RED LP10{E'50T -- LOT SPLIT SURVEY JUDY POITE VENT UNDER THE LAWS OF THEE 3T�, RNE50TA.'s 3/16/21 LOCATE EDGE OF ROAD AFTER SNOW MELT s Vt p, F FEBRUARY2,2021 TREE PRESER VA TION 3/17/21 SHOW PROPOSED CONTOURS Surveying &Engineering, CO. ^.c J vE 35::• o? SHEET SIZE: 22 X 34 N 2300 MELODYHILL Wayne w. Pre s �grE}OF N ; C'7 DRAFTED DATE: 3/24/21 ADD DRAINAGE &UTILITY EASEMENTS TO REMAINING LOT S1 17917 Highway No. 7 $t43503 DRAWING NUMBER 3/26/21 SHOW TREE PRESERVATION 0 10, 29 CHANHASSEN, MN Minnetonka, Minnesota 55345 LICENSE NO. FEBRUARY 4, 2021 ® Phone (952) 474-7964 MARCH 5 2021 210036 WP LOT SPLIT Web: www.advsur.com DATE SHEET 1 OF 1 CC DATE: May 10, 2021 CITY OF CHANHASSEN REVIEW DEADLINE: June 4, 2021 CASE #: 2021-09 BY: RG, EH, JR, JS, MU PROPOSED MOTION: "The Chanhassen City Council approves the resolution approving a Metes and Bounds subdivision creating two single-family lots subject to the conditions of approval, And adopts the findings of fact and decision," SUMMARY OF REQUEST: Request for approval of a Metes and Bounds subdivision of 1.3 acres into two single-family lots in the Bardwell Acres Lake Minnetonka, Carver County, Minnesota. LOCATION: 2300 Melody Hill Road APPLICANT: Judith & Paul Poitevent 2300 Melody Hill Excelsior, MN 55331-8893 PRESENT ZONING: Single -Family Residential (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 1.3 acres DENSITY: 1.54 net units per acre. Level of City Discretion in Decision -Making: The city's discretion in approving or denying a subdivision is limited to whether or not the proposed subdivision meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the subdivision. This is a quasi- judicial decision. PROPOSAL/SUMMARY The applicant is requesting approval of a Metes and Bounds subdivision of 1.3 acres into two single-family lots, creating one additional building site. APPLICABLE REGULATIONS Chapter 18, Subdivisions SCANNED Metes and Bounds Subdivision 2300 Melody Hill May 10, 2021 Page 2 Chapter 20, Article X11, "RSF" Single -Family Residential District BACKGROUND The house on the property was constructed in 1918. Part of Lot D, Bardwell Acres Lake Minnetonka. Bardwell Acres Lake Minnetonka plat was recorded on April 26, 1907. EXISTING CONDITIONS SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. Wetland Protection There are no wetlands located on the property. Bluff Protection There are no bluffs on the property. The property slopes from a high point of 1064 on the southeasterly property line to a low point of 1021 along the northwesterly property line. Though there is a significant amount of elevation change, the parcels does not meet the definition of a bluff. Shoreland Management The property is not located within a shoreland protection district. Floodplain Overlay This property is not within a floodplain. SUBDIVISION REVIEW The applicant is requesting a metes and bounds subdivision to create two lots. Metes and Bounds Subdivision 2300 Melody Hill May 10, 2021 Page 3 r r.y 4r.�.v racrr u.• r.::r eu.�e r rr.r r EASEMENTS The applicant is proposing to record typical drainage and utility easements (D&U) around both Parcel A and Parcel B. Per City Ordinance, standard D&U's are located on side, rear and front lot lines. As the new property lines will be encumbered by D&U's, any approved encroachments, existing or proposed, associated with the subdivision shall be required to enter into an encroachment agreement. Such encroachments illustrated on the plans are an existing fence and retaining wall located on Parcel B, along with an existing retaining wall on Parcel A. GRADING The applicant is proposing minimal grading for the proposed house on Parcel B. The preliminary grading plans indicate that drainage will be routed away from the proposed new house pad and generally conforms to the pre-existing drainage pattern. Any additional comments regarding grading will be provided during building permit submittals. RETAINING WALLS The applicant is proposing the construction of one retaining wall on Parcel B. If any retaining wall exceeds four feet in height, plans prepared by a registered engineer or landscape architect shall be submitted with the building permit for review and approval. This measurement is from Metes and Bounds Subdivision 2300 Melody Hill May 10, 2021 Page 4 the top of wall to the bottom of the foundation. Furthermore, fixed structures, such as retaining walls, shall not be located within D&U's. SANITARY SEWER AND WATER MAIN The newly proposed home on Parcel B will have access to adequate public sanitary sewer and water facilities within Melody Hill Road right-of-way. The plans illustrate utilizing existing service laterals previously stubbed to the property from an 8" PVC sanitary sewer main and a 10" CIP water main. City records confirm that during public project 71-01 D, these sanitary sewer and water services were stubbed to the property and that assessments have been paid (i.e. lateral charges are waived). However, due to the age of these services and prior to connecting to the existing service taps, the applicant's contractor shall verify their serviceability. All additional conditions associated with these service lines will be addressed during building permit submittals, and will be required to adhere to the most recent edition of the city's Standard Specifications and Detail Plates. ASSESSMENTS Water and sewer partial hookups are due at the time of recording of the subdivision. The partial hookup fees will be assessed at the rate in effect at that time. The remaining partial hookups fees are due with the building permit. Based on the proposal the following fees will be collected prior to recording of the subdivision: a) Partial Hookup Fees: a Water Hook -Up fee of $2,476 and a Sewer Hook -Up fee of $691.00 b) Surface Water Development Fee: $4,206.94 c) Park Dedication Fee: $5,800.00 SURFACE WATER RESOURCES There are no wetlands, creeks, lakes, etc. located on the parcel. As such, no special buffers or setbacks will apply for any resources such as these. EROSION AND SEDIMENT CONTROL The applicant is proposing minimal grading for the proposed house on Parcel B. The preliminary grading plans indicate that drainage will be routed away from the proposed new housing pad and generally conform to the pre-existing drainage pattern. Any additional comments regarding grading will be provided during building permit submittals. The applicant should be aware that the proposed subdivision could trigger erosion and sediment control rules through the Minnehaha Creek Watershed District. Metes and Bounds Subdivision 2300 Melody Hill May 10, 2021 Page 5 STORMWATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required stormwater management development standards. Section 19-141 states that "these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." This site lies within the boundaries of the Minnehaha Creek Watershed District and is subject to their stormwater management requirements. FEES Section 4-30 of City Code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. With all subdivisions, stormwater utility connection fees are collected. Fees are used to maintain storm sewer infrastructure and to construct water quality improvement projects. Based on the proposal a fee of $4,206.94 will be collected prior to recording of the subdivision: SURFACEWATER DEVE LOPMEM M-. AREA PER ACRE FIE ACRES FFE GROSS AREA S8.660 0.48579 S 4,206.94 WETLAND $8,660 S - WEnANDBUFFEE2 if in conservation easement) $8,660 $ OUTLOT A S8,660 S $8,660 1 s $8,660 1 $ NEI' AREA n -J8579 1 S 4TO 694 LANDSCAPING AND TREE PRESERVATION The applicant for the development of 2300 Melody Hill has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area 1.3 ac. or 56,628 SF Baseline canopy coverage 45% or 25,800 SF Minimum canopy coverage required 35% or 19,819 SF Proposed tree preservation 44% or 25,200 SF The development meets minimum canopy coverage preservation requirements. The applicant is proposing to save 2 trees within the construction limits on Parcel B. If either tree is damaged or removed due to construction, it must be replanted with a new tree on the lot. It is recommend that the trees be protected with fencing during all construction activity and that they are chemically protected against emerald ash borer and Dutch elm disease. Metes and Bounds Subdivision 2300 Melody Hill May 10, 2021 Page 6 PARKS & RECREATION The quality and number of recreational facilities in a community directly contributes to its quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. As the City of Chanhassen has developed and increased in population, more pressure and attention has been given to providing recreational opportunities for our residents. Increased leisure time, health awareness, greater mobility, and high disposable incomes have all contributed to the increased demand for recreational activities. The challenge of the next century will be to provide facilities for a growing and diverse population. Parks can be defined as public areas that provide active or passive -oriented recreational facilities. A significant characteristic of parkland is its accessibility to its users. Open space is any parcel that is not used for buildings or other structures and is left in a natural state. Parks and open space perform diverse functions such as: meeting physical and psychological needs, enhancing and protecting the resource base, enhancing real estate values, and providing a positive impact on economic development. Parks The goal of neighborhood parks is to provide informal recreational opportunities close to where people live. Chanhassen operates under the standard that all residents should be within walking distance, or a half mile, of a neighborhood park. The proposed development is located within''/2 mile of Herman Field Park and is located within'/2 mile of the Minnetonka Middle School West Campus owned and operated by the Minnetonka School District and Lake Minnewashta Regional Park owned and operated by Carver County Parks. Trails The city's goal is to maintain a comprehensive and easily navigable trail and sidewalk system that connects neighborhoods to park and recreation facilities, schools, community destinations and other communities. Park and Trail Conditions of Approval Park Dedication Fees shall be collected at the rate enforced upon the date of approval for the new single family lot. The 2021 Park Dedication fee is $5,800 per single family lot. MISCELLANEOUS Xcel Energy may need to set a new pad mounted transformer on the right-of-way to service the two new homes. They will know more once they obtain load information from the electrician. A building permit must be obtained before beginning any construction. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Metes and Bounds Subdivision 2300 Melody Hill May 10, 2021 Page 7 Minnesota State Building Code, additional comments or requirements may be required after plan review. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. Each lot must be provided with a separate sewer and water service. For parcels with less than three acres in any residential or agricultural district, no accessory structure or use shall be erected, constructed or commenced prior to the erection, construction or commencement of the principal permitted structure or use, but may be erected or commenced simultaneously. If the principal structure or use is subsequently removed, destroyed or discontinued, the accessory structure or use must be removed or discontinued within 12 months. COMPLIANCE TABLE Area (sq. ft.) Width (ft.) Depth (ft.) Hard Cover % / s . ft. Notes Code 15,000 90 125 25 / 3,750 A 37,166 230.5 322.8 25/9,291 Existing hardcover 8,006/21.5% B 21,161 94.6 297 25/5,290 Total 58,327 1.339 ac. acres Setbacks: Front - 30 ft., Side - 10 ft., Rear - 10 ft. RECOMMENDATION Staff recommends approval of the metes and bounds subdivision creating two single-family lots, plans prepared by Premier Land Surveying, LLC, dated July 1, 2020, subject to the following conditions: Building: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 3. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Each lot must be provided with a separate sewer and water service. Engineering: Metes and Bounds Subdivision 2300 Melody Hill May 10, 2021 Page 8 1. The applicant shall record typical drainage and utility easements around the perimeters of each parcel. 2. The applicant shall enter into an encroachment agreement for the existing fence and retaining wall on Parcel B and the existing retaining wall on Parcel A within the newly created drainage and utility easement prior to, or concurrently with, the recording of the subdivision. 3. Retaining walls shall not be constructed within drainage and utility easements. 4. Prior to connecting to the existing service laterals, the applicant's contractor shall verify their serviceability. For sanitary sewer, this shall be accomplished via CCTV which will be provided to the city for review prior to connection. 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021 they total $13,173.94, and are enumerated as such: a. Partial Hookup Fees: a Water Hook -Up fee of $2,476.00 and a Sewer Hook -Up fee of $691.00 b. Surface Water Development Fee: $4,206.94 c. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the dripline or the furthest point possible from the trunk around trees #391 and #397. 2. If trees #391 or #397 are damaged or removed due to construction, they must be each be replaced with a 2.5" overstory shade tree. Parks & Recreation: 1. Park Dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Planning: 1. The existing patio on Parcel B shall be removed. The applicant may provide a security in the amount of 110 percent (110%) of the cost for its removal. If a building permit for a house on Parcel B is applied for within 12 months of the approval of the subdivision, then the security shall be returned. Water Resources: Metes and Bounds Subdivision 2300 Melody Hill May 10, 2021 Page 9 1. The applicant shall obtain all necessary permits from the Minnehaha Creek Watershed District, or show written proof that no permit is necessary from the District. 2. The Surface Water Development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021, the Surface Water Development fee totals $4,206.94. And adoption of the Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision 2. Resolution 3. Development Review Application 4. Lot Split Survey/Tree Preservation dated March 5, 2021 5. Affidavit Public Hearing Notice and Mailing List gAplan\2021 planning cases\21-09 2300 melody hill metes and bounds sub\staff report 2300 melody hill rd metes and bounds.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Judith and Paul Poitevent for Subdivision approval. On May 10, 2021, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Judith and Paul Poitevent for approval of a metes and bounds subdivision of property into two lots. The City Council conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The City Council heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential district, RSF. 2. The property is guided in the 2040 Comprehensive Land Use Plan for Residential Low Density uses. 3. The legal description of the property is: All that part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the Northerly right-of-way line of Bardwell Road distance 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning. 4. The Subdivision Ordinance directs the City Council to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance including the Single - Family Residential district regulations; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's Comprehensive Plan. The proposed development implements the following policies and goals: Land Use: Create a mixture of development capable of providing a high quality of life and a reliable tax base; Encourage development within the MUSA; Support low density residential development in appropriate areas of the community in such a manner as to maintain the aesthetic of existing single-family areas, and to create new neighborhoods of similar character and quality; and Housing: Provide housing opportunities for all residents, consistent with the identified community goals; Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs; and the city shall require development within the density range given by the Comprehensive Plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the subdivision ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter 19; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record, but will provide additional public easements; and g. The proposed subdivision is not premature since adequate infrastructure is available. A subdivision is premature if any of the following exists: 1). Lack of adequate stormwater drainage. 2). Lack of adequate roads. 3). Lack of adequate sanitary sewer systems. 4). Lack of adequate off -site public improvements or support systems. 5. The planning report #2021-09 dated May 10, 2021, prepared by Robert Generous, et al, is incorporated herein. DECISION The City Council approves the resolution approving the metes and bounds subdivision creating two single-family lots subject to the conditions of the planning report. ADOPTED by the Chanhassen City Council this loth day of May, 2021. CHANHASSEN CITY COUNCIL Its: Mayor gAplan12021 planning cases\21-09 2300 melody hill metes and bounds sub\findings of fact and decision.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 10, 2021 RESOLUTION NO: 2021- MOTION BY: SECONDED BY: A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION JUDITH & PAUL POITEVENT, 2300 MELODY HILL ROAD WHEREAS, Judith and Paul Poitevent have requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: All that part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the Northerly right-of-way line of Bardwell Road distance 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning; and WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Single -Family Residential district, RSF; and WHEREAS, the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed metes and bounds subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts, Parcels A and B, subject to the following conditions of approval: Building: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 3. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Each lot must be provided with a separate sewer and water service. Engineering: 1. The applicant shall record typical drainage and utility easements around the perimeters of each parcel. 2. The applicant shall enter into an encroachment agreement for the existing fence and retaining wall on Parcel B and the existing retaining wall on Parcel A within the newly created drainage and utility easement prior to, or concurrently with, the recording of the subdivision. 3. Retaining walls shall not be constructed within drainage and utility easements. 4. Prior to connecting to the existing service laterals, the applicant's contractor shall verify their serviceability. For sanitary sewer, this shall be accomplished via CCTV which will be provided to the city for review prior to connection. 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021 they total $13,173.94, and are enumerated as such: a. Partial Hookup Fees: a Water Hook -Up fee of $2,476.00 and a Sewer Hook -Up fee of $691.00 b. Surface Water Development Fee: $4,206.94 C. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the dripline or the furthest point possible from the trunk around trees #391 and #397. 2. If trees #391 or #397 are damaged or removed due to construction, they must be each be replaced with a 2.5" overstory shade tree. Parks & Recreation: 1. Park Dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Planning: 1. The existing patio on Parcel B shall be removed. The applicant may provide a security in the amount of 110 percent (110%) of the cost for its removal. If a building permit for a house on Parcel B is applied for within 12 months of the approval of the subdivision, then the security shall be returned. Water Resources: The applicant shall obtain all necessary permits from the Minnehaha Creek Watershed District, or show written proof that no permit is necessary from the District. 2. The Surface Water Development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021, the Surface Water Development fee totals $4,206.94. And adoption of the Findings of Fact and Decision. Passed and adopted by the Chanhassen City Council this loth day May of 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT gAplan\2021 planning cases\21-09 2300 melody hill metes and bounds sub\resolution metes and bounds.docx LEGAL DESCRIPTION: All that part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the -r East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning. �� ✓ \ _ _ \ Ar STANDARD SYMBOLS & CONVENTIONS: I , � \ L �o '� / 98.54'49" 0 •O sr 0. -\ g7 tME Og" VJ / _tom ,�° ;/ / / / / % ' / ' / /\ \ �O F Al0 • Denotes iron survey marker, found, unless otherwise noted. � V 3No• 7g•5a '��/ /, / /� / / ,' 0 s � \I Fs, 9s F � ? SCOPE OF WORK & LIMITATIONS: RD. 1. Showing the length and direction of boundary lines of the legal description listed above. The crWnsKA UMENtED� �' / o�� /� // g Y g EAS R1 Y ROW DDWSWON fps MON / `o�� °�� / Aoti i' / / / / ,'' //�, / / / : .. �/ QQ / / / / /�� / y� / \ Q QO` NORTHEAST CORNER LOT D -�3 scope of our services does not include determining what you own, which is a legal matter. TME ,r P - / / / / / / o / / / \ A ; Please check the legal description with our records or consult with competent legal counsel if r FRp1A WGER FRS / / X gY P g �ERL sNE /' // /// / c2 c 349.39 (MEAS) MEAS NE OF _ _ �ox� �� / / necessary, to make sure that it is correct and that any matters of record, such as easements, that s� ERLY u , _ / / / / / ,- / / s1Ms $ \ ► 350.3 \ NS 153 SpUtN _ _ - 7oxx- / / // / <v} // / //j 9 / / / / ; j �\ ` _ (DESC/PLAT) f you wish to be included on the survey have been shown. p0` _ - , _ _ = _ _ - �' /' / �' / / / / / / ,' : / / / / / / N - _ -A J193- 2. Showing the location of observed existing improvements we deem necessary for the survey. \ , _ _ _ _ _ _ _ _-- / -, - i / /Q • .. / / / , \, / /s /1 / ✓ /f / 3. Setting survey markers or verifying existing survey markers to establish the corners of the ( -� 2 - - - - _ _ _ _ _-------- _ _ - - // �� " IQ5------------- -� �� // /�/// //,� // ` II / i/ /�// i// ✓ / / / I property. \l �i '°2 C--------- _�_--� _ ��-- / / i / ,- '•,. '. f,/ '/ / � f/1 ./ 4. Existing building dimensions and setbacks measured to outside of siding or stucco. `��' \ - - i' i / l I / / �'/1/4- 5./ I Showingand tabulating impervious surface coverage of the lot for our review and for the \♦\ / g P g Y I BITUMINOUS DRIVEWAYI 1 -°� review of such governmental agencies that may have jurisdiction over these requirements to ♦�--"y _ -102 _ verify they are correctly shown before proceeding with construction. \ \\ °�� o \ / / / /�� / / / ; / / / ; / / •' / / / 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for °Fy ♦♦ �'o \ _ _ 1��Q�� / / /' / / ti / //; / // / j //,/�i'/ ;y' Ile construction on this site. The elevations shown relate only to the benchmark provided on this ��L \\ �q �l�/ survey.Use that benchmark and check at least one other feature shown on the survey when 9 Y °� \ PO -- - __�0030------� determining other elevations for use on this site or before beginning construction. ayPo \ / ,F'' / / / / /' / f ; r /i// , • • p ; ; "' /i 7. This survey has been completed without the benefit of a current title commitment. There may be \ existing easements or other encumbrances that would be revealed by a current title commitment. \ \ \ �po �'\ / / / / _ ,N / -� ! I� / // // -'' t I I I /� I PROPOSED HARDCOVER - PARCEL B Therefore, this survey does not purport to show any easements or encumbrances other than the \ s ♦ : ' - - i / / 1 I %r I , • . / / / ones shown hereon. h,\ \ _ _,oss / / /� a9 , _ �� ,yoa• �ro�h + / , /�--�/ DWELLING 2,901 SQ. FT. 8. The plat of Bardwell Acres is old the iron monuments we have found and show on this survey\ � -'' / ?� Fy 3� j 0 /ti/•tiI /� I I ` ' / / I 396 ,� °2 PORCH 253 SQ. FT. P n \ \rO/; \� \♦ o �i plyFs/jN ' / y0 I_ v-I 11 A DRIVEWAY 1,662 SQ. FT. are not in complete agreement, the legal description calls to a point 511.35 feet West of the East \ �'� _ _ \ /'' / � 3 �,N.G I / � � I / c > I ss / lint of Lot D" appear to be intended to be measured along the centerline of Bardwell Rd. While \ \' ♦ \ / ; ; ' ; �' / / I I ; ; ' , gaga / ° POOL PATIO 474 SO. FT. ♦ - _ o3g"\ (PATIO TO BE REMOVED AS NECESSARY) we have shown the boundary of this property as best we can from surrounding plats, prior \ \ \ `? s �\ o \ / / / ✓ o/��/ // ^/- ---' / I - -/ �S� J� surveys, and some conflicting information, we can't be sure that a judge would agree with our \ \ ;;'\ \6;' ♦ - \ / /\�'/ // ,° �/ /s f/ �� TOTAL PROPOSED HARDCOVER 5,290 SQ. FT. reasoning if the survey were challenged. If this uncertainty is something that you would like to \ \ ,/, / / / / se 1 /!- a "s Q� AREA OF LOT 21,161 SQ. FT. remove, it is possible to go to court and have a judge rule on the matter, but like all legal A 1\ '' - r / ; ; r'• / / / / z./'L proceedings, time and money would be involved. os o 6,� ; ; . / / / s, _ `D• �'.yo / � ' // / ? // � / / �� l% lam/ // ; / tP � // a LOT COVERAGE 25.0% 9. It should be noted that this survey was completed with significant snow coverage on site. We \ \ ss, �s / �'' / / / //` ry� / / �` Cam. \ !y/ s�7. A / / / /� oI// / NOTE: WE HAVE SHOWN A POSSIBLE SCENARIO THAT cannot be certain that all items were observed and located during the process of conducting the ♦ �FtiT �o !,' \ / / / / / / i / P l�j / / / } �, �� ;'�, of A s. \ / / / / / / DssiB� / / / �� WORKS WITH THE ALLOWABLE LOT COVERAGE. survey due to the snow cover. If this uncertainty is something you would like to remove, please \ 5 ;' >:� y ss. , /r ti / i //// / i' / �Rsr ARE D'17 ✓ �' / ACTUAL BUILDING PLANS AND IMPROVEMENTS COULD expose all improvements and we can return to locate said items if needed. \ ss s / \ �� ' / / / / / i' // I BASEAIENi--W = NG_SLo •' �' AGE O� `� BE ADJUSTED AS NEEDED TO ACCOMMODATE > ,\ 1- / F X / / / i !.:� .GAR FL $060.50 I 392 0 Q• 1 < yy°s / \ / / / // /ppR $ 105050 /; ��DIFFERENT SITE PLANS. \Ac /j / �1057.(LOWEST ALLOWABLE Op jk b Ca LOw \ % ♦\9k, / \ ,'° / / / / / / BASEMENT FLOOR 1047.5 // Q �p�0�'S• \ ♦•YoJ�s ,'�\ ,#397 �Gv / IACi FROTrCT A7ZB7ZNG T"ff I /lASTAM OR4AGF COAST: FEVCT i I AR06"r TREE 7V FROTEev I- - - - - I / \ t \ / , / ^ / / , ,/ / QT II I i / I / I -1Pl/< p�''� �It, i Iel \4�5 ��° �'I �V �.� PROPOSED LEGAL DESCRIPTION PARCEL A: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet 391 / C /r ` tiNG o` West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 �' G feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska /)�\ \ %I)/d'R Road, as measured alongthe Norther) right-of-way line of Bardwell Road; thence Southeaster) 331.6 feet to a point 511.35 feet West of the / \ \ s o I Y Y P 1, / �` %. ,r A`�`m I East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: <, Odle Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.04 feet, to the beginning of the line to be described; thence DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell \ ,'sF j s vl00 N Road, and said line there terminating. o o \ ' c I1 ro PROPOSED LEGAL DESCRIPTION PARCEL B: I I \ \ro s ♦\ I \ \N 8>• 001 - - - That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 5 s \s\ \47 - �9- w feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska5. e�, 43327" W 6ENCHN pK• - f - - - J \ _ _ _ _ �� N 87• TOP NUT HYD. (O , Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the I I / \ ELEV-1062.9 / East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence I I \ EXIST. - Northwesterly along the Northerly line of said Lot "D", a distance of 57.04 feet, to the beginning of the line to be described; thence I I / RIM = 105 1oss.ls 51013 (MEAS)511 Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell BEING 5 FEET IN WIDTH ALONG SIDE AND REAR - .35 (DESC)INV_1051.00 (PER CITY AS -BUILT) LOT LINES AND 10 FEET IN WIDTH ALONG / -- Rnad and Raid line, there terminating_ FRONT LINE AS SHOWN ON SURVEY - DATE REVISION DESCRIPTION DRAWING ORIENTATION & SCALE CLIENT/JOB ADDRESS 3/5/21 SHOW PROPOSED IMPROVEMENTS AND TAGGED TREES Advance 3/16/21 LOCATE EDGE OF ROAD AFTER SNOW MELT JUDY POITEVENT 3/17/21 SHOW PROPOSED CONTOURS Surveying & Engineering, Co. N 2300 MELODYHILL 3/24/21 ADD DRAINAGE & UTILITY EASEMENTS TO REMAINING LOT 17917 Highway No. 7 3/26/21 SHOW TREE PRESERVATION ° ° z° CHANHASSEN.9 MN Minnetonka, Minnesota 55345 ® Phone (952) 474-7964 Web: www.advsur.com I HEREBY CERTIFY THAT THIS WAS PREPARED BY ME OR W AND THAT I AM A DULY UNDER THE LAWS OF THE-4 Wayne W. Pres s 9p ••......•. . #43503 �.F O1,11N F U-1,0 •` 'I3 31 11 LICENSE NO. MARCH 5, 2021 DATE REPORT I SURVEYED DATE: M DMACII FEBRUARY 2, 2021 DRAFTED DATE: FEBRUARY 4, 2021 SHEET TITLE LOT SPLIT SURVEY TREE PRESER VATION SHEET SIZE: 22 X 34 DRAWING NUMBER 210036 WP LOT SPLIT ET NO. CITY OF CHA HASSEN RECEI D APR 05 02)1 CHANKWEN NING DEPT S1 SHEET 1 OF 1 FIELD TREE INVENTORY LOG PROJECT NAME: Tree Survey at 2300 Melody Hill, Chanhassen, MN Judith Poitevent, Owner DATE: 3/2/2021 Lot Condition: Undeveloped TIME: 12:20 PM Sunny 40 Degrees F. TAG NO. TREE DIA. IN SPECIES CONDITION REMOVE? NOTES 391 23 Green Ash Good N 392 17 Black Walnut Good Y 393 10 Black Locust Fair N 6 Trunks at Grade 394 17 Green Ash Good N 395 11 Crabapple Good N 396 13 Green Ash Good I N 397 50 American Elm Fair I N I Trunk Damage, DED Present in Adjacent Elm 7 NO. OF TREES TAGGED 141 (TOTAL INCHES INVENTORIED LEGEND X EXISTING TREE TO BE REMOVED ■ EXISTING CANOPY COVERAGE AREA OW PROPOSED CANOPY COVERAGE REMOVAL PRE -DEVELOPMENT CALCULATIONS: PARCEL NET ACRES: 1.3 ACRES (56,628 SQ FT) APPROXIMATE TREE CANOPY COVERAGE: 25,800 SQ FT APPROXIMATE % TREE CANOPY COVERAGE: 45.5% POST -DEVELOPMENT CALCULATIONS: REMOVAL OF (1) 17" TREE, EST. 600 SF CANOPY APPROXIMATE DEVELOPMENT TREE CANOPY COVERAGE: 25,200 SQ FT APPROXIMATE DEVELOPMENT %TREE CANOPY COVERAGE: 44.5% TREE NOTED TO REMAIN DRIP LINE 4' SNON1 FENCE WITH POSTS 8' O.C. (MAX.) AT EDGE OF CRITICAL ROOT ZONE (A RADIU: 0= 1-112 FEET FOR EVERY 1 INCH OF DBH FOR THE TREE TRUNK OF THE TREE BEING PRESERVED, REFER TO PLAN 110N FOR LOCATION. A LLL'd NOTE: TREE PROTECTION SHALL BE PROVIDED BY CONTRACTOR AS REQUIRED TO AIDE IN SURVIVABILITY OF EXISTING TREES TO REMAIN. 70 NOT STORE MATERIALS OR DRIVL EQUIPMENT WITHIN THE TREE DRIP LINL AS DESIGNATED ABOVE. MAINTAIN -1-E FENCE INTEGRITY AT ALL TIMES THROUGHOUT CONSTRUCTION, -REE PROTECTICN FENCE SHALL BE IN P-ACE PRIOR TO THE START OF DEMOLITION. -- EXISTI ) NO--C8,:.ALE OTECTI DATE REVISION DESCRIPTION 3/5/21 SHOW PROPOSED IMPROVEMENTS AND TAGGED TREES 3/16/21 LOCATE EDGE OF ROAD AFTER SNOW MELT 3/17/21 SHOW PROPOSED CONTOURS 3/24/21 ADD DRAINAGE & UTILITY EASEMENTS TO REMAINING LOT 3/26/21 SHOW TREE PRESERVATION DRAWING ORIENTATION & SCALE N 0 10' 20' _Ap \ sr 337t 98'5441 0,O �5F 57 `MEPSi 5-56 6„ W /�j/^\ �OS��OJ W CHpSO, RO. MO MEN�Oi �/ �O / / /' , ,j�S> TERCY RO OF ON `AS NO o2y 'o� /' / / /�/rr �// / , �/P / / / / / 0; ' i \. p QO NORTHEAST CORNER LOT D Y FROM NE EpS \GER FtR55 p00\T1 / 1/ SOO�tEASTERV OF S --/ / / 70�DIED AREA t \ g 349.39 MEASS WOIdDEDARE�A///$' / sTePs '/ j I\�\ + 350.3 (DESC/PLAT) 1 15 pU-,,022= IN 024— --1025----------- -.- -� /�//•� �,////%// /// ` ..'' ..'• J / ,�//f /I /�/ '� \ / /�// / II STEPS BITUMINOUS DRIVEWAY( 6 0 \\ O-102 W�(QDO ARE PT ry •p L - \ •" ,, ° •Sop / / / / / / /�/ / ' {./.. .o•' // / / C \ O JS l=7. • b r o plo 00 PROPOSED HARDCOVER - PARCEL B °°4/��, � +/ j/1//z / DWELLING 2,901 SO. FT. \\ \ i / // / �/ a``7S ( �y% 7 / l�1 / I I , j #396 or PORCH 253 SQ. FT. \\ 0 /• •` ' \ s \ �--10�/ / � 3v�,,'' C(/�'t'G ' /� y.,' /"� -�---I ' � �� DRIVEWAY 1,662 SQ. FT. �, - POOL PATIO 474 SQ. FT. -43 h I1 i (PATIO TO BE REMOVED AS NECESSARY) TOTAL PROPOSED HARDCOVER 5,290 SQ. FT. s a., // G / p lr % ((((( AREA OF LOT 21,161 SQ. FT. 2°6• 40 / o°� i' / ' // / / / �s / �j //� IpS� / // 00�N,�`' / % �o LOT COVERAGE 25.0% C5 NOTE: WE HAVE SHOWN A POSSIBLE SCENARIO THAT O o'° \\ K/ / / / j // / �r/POS ' / //} �WORKS WITH THE ALLOWABLE LOT COVERAGE. �P1c o r / / , FABLE FU7UR cp�'B S•• / \ °,ti / / /' / / // ab BAFERM f FLOORE pLL/NG_S !, �o ACTUAL BUILDING PLANS AND IMPROVEMENTS COULD / BE ADJUSTED AS NEEDED TO ACCOMMODATE •', / GARAGE Fr- R 106op.50 LO mo 392 �Q�i Q• 1 �<v \ �9�A lj / \ J� ep j / / $ 105{7,o /4 h Z -4v / a / /i / LOOR so-so / o ` �� DIFFERENT SITE PLANS. r / ti'1T\ ♦ �" ° / jLQ �� (LOWEST ALLOWABLE f ,ti �o o,• `O / ♦ ` \tib s \� ' �\ '' d� /' / / / 1/0 43ASEMENT FLOOR - 1047.5) //// Q yQ) O� X S a�/ ,//oh#397 / 056 OR YV o4 / y I / �J \ \ �J �v �J GO ♦ ``4y / / ��- ' / ' / / /} y� ♦ y� , yy // L� I sF ♦\ c°c� �y ^� — \ \ � ; \♦ ;' _ � --� `� <tib� ' / of-�'S,, l J 1 \ CAA 1 / ` •JO,.! / r / \ ` �/ o O / \ o�„ s A ss� \ \ dos DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: n : 5 5 �/ 8 92j • w �� / I s.� 5.47 1" NI BENCHMARK: -- I I Z' N 87-4327TOP NUT HYD. / — — —{ CITY OF CHANHI \ ELEV.=1062.9 / I RECEIVED / III APR 0 5 2( I \ "-,-EXIST. SMH 510.13 (MEAS) — _ _ 1 RIM = 1059.19 BEING 5 FEET IN WIDTH ALONG SIDE AND REAR / —INV=1051.00 (PER CITY AS -BUILT) 511.35 (DESC)i1ANHASSEN PLAND LOT LINES AND 10 FEET IN WIDTH ALONG FRONT LINE AS SHOWN ON SURVEY ENT/JOB ADDRESS JUDY POITEVENT 2300 MELODY HILL CHANHASSEN, MN Advance Surveying & Engineering, Co. 17917 Highway No. 7 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: www.advsur.com I HEREBY CERTIFY THAT THIS PLAN, WAS PREPARED BY ME OR UNDER 1 AND THAT I AM A DULY REGISTERO UNDER THE LAWS OF THE STATE Gd �A,0 Wayne W. Pre s T '' • .... •• ' #43503 `° Te OFM\� LICENSE NO. MARCH 5, 2021 DATE SURVEYED DATE: FEBRUARY 2, 2021 DRAFTED DATE: FEBRUARY 4, 2021 SHEET TITLE LOT SPLIT SURVEY TREE PRESER VATION SHEET SIZE: 22 X 34 DRAWING NUMBER 210036 WP LOT SPLIT SHEET NO. S1 SHEET 1 OF 1 ENJ This map is neither a legally recorded map nor a survey and is not intended to be used IS one -his map is a Compilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and is to be used for efererce purposes only The City does not warrant that the Geographic Infor aeon System IGIS) Data used to prepare this map are error free and the City does not represent that the GIS Data car be used for navhgabonal tracking or any other purpose requiring exacting measurement of distance or chrect,on or preciswr in the depiction of geographic features The preceding disclamer is provided pursuant to Minnesota Statutes §466 03 Subd 21 120001 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives ail claims and agrees to defend indemnify and hold harmless the City from any and all claims brought by User its employees or agents or third parties which anse out of the users access or use of data provided This map is newer a legally recorded map nor a survey and is not intended to be used as one Tres map is a compilation of records irformabon and data located in vanous city county state and federal offices and other sources regarding the area shown and is to be usec for reference purposes only The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free any the City does not represent that the GlS Data can be used for navigational tracking or any other purpose requiring exacting measurement of distance or direction or p,ecis)on in the depiction of geographic features The aeceang disclaimer is provided pursuant to Minnesota Statutes §466 03 Subd 21 (2000) and the user of this map acknowledges that the City shall not be l)ab'e for any damages and expressly waives ail ;rai'ns and agrees to defend. indemnify and hold harmless the City from any and all claims brought by User rts employees cr agents or third partes which anse out of the uses access or use of data provided «TAX_N AM E» %TAX_ADD_L1» «TAX ADD L2» ((Next Record«WTAX_NAME» ((TAX ADD L1» «TAX ADD L2» CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) Kim T. Meuwissen, being first duly sw•om. on oath deposes that she is and was on April 29, 2021. the duly qualified and acting Deputy Clerk of the City of Chanhassen. Minnesota. that on said date she caused to be mailed a copy of the attached notice of a Public Hearing to consider a request for approval of a Metes and Bounds subdivision of 1.3 acres into two single-family lots for property located at 2300 Melody Hill, zoned Single-Famih Residential (RSF), Planning Case No. 2021-09, to the persons named on attached Exhibit "A by enclosing a copy of said notice in an envelope addressed to such owner. and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer. Carver County. Minnesota. and by other appropriate records. Subscribed and sworn to before me this day of , 2021. -T-rY1jf A I- Kimm T. M uwis n. Deputy Cl rk (Sea]) Notary Public M STECKLING If JEMANNotary Pubbo4 t w*sm w o=.0 •+ 0% jw 31. 202. Notice of Public Hearing Chanhassen City Council Meeting Monday, May 10, 2021 at 7:00 p.m. This hearing may not start Date & Time: until later in the evening, depends on n the order of the agenda. Location: b7ity Hall Council Chambers 7700 Market Boulevard Consider a request for approval of a Metes and Bounds Proposal: subdivision of 1.3 acres into two single-family lots for property located at 2300 Melody Hill. Zoned Single -Family Residential RSF) Applicant: Judith & Paul Poitevent Property 2300 Melody Hill Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the What Happens public hearing through the following steps at the Meeting: 1 Staff will give an overview of the proposed project 2 The applicant will present plans on the project 3 Comments are received from the public 4. Public hearing is closed and the City Council discusses the pro ect If you'd like to see the plans before the meeting, please visit the city's Proposed Developments webpage at: www.ci.chanhassen.mn.us/2021-09 If you wish to talk to someone about this request, please contact Bob Generous Questions & by email at bgenerous(cDci chanhassen mn.us or by phone Comments: at 952-227-1131 If you choose to submit written comments, please send one copy to staff in advance of the meeting Staff will provide copies to the City Council The staff report for this item will be available online at the city's Agendas & Minutes webpage the Wednesday prior to the City Council meetink. - NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Rwlew Procadun: • Subdivisions. Planned Unit Developments. Site Plan Reviews Conditional and Interim Uses, Welland Alterations, Rezonings Comprehensive Plan Amendments and Code Amendments require a oubhc hearing before the Planning Commission City ordinances require ail properly within SW feet of the subject site lobe notded of the application inwrinrq Any mteresled pwfiris invited to alien d the meeting • Staff prepares a report on the sublet/ application that includes all pertinent information and a recommendation I here reports ere available by request Al the Planning Commission meeting staff will give a verbal overview of the report and a recommendation The item will be opened for the public to speak about the proposal as a pan of the hearing process the Commission will dose the public tearing and discuss the item and make a recommendation to the City Council The City Council may reverse affirm or modify wlhritly or partly the Planning Commission s recotnmendation Rezonnngs land use and code amendments lake a simple malonity vote of the City Council except rezonings and land use amendments Porn residential to cuimreictsiVnnJuslnal • Minnetlols Stale Statute Sly 99 requires all applications to to processed within bO Joys unless the applicant waives this standard So" apia"lone due to their complexity may lake several months to complete Any person wishing to follow an item throw the process check should with the Planning Department regarding its slates and scheduling for the City Council meeting is A naphbortwod spok*vW% NropresenlaUve is encouraged to provide a contact for hie city mien devetopws are encairaped Io meal welh to netghbwtmd regarding thev proposal Slam is also available to review the pnojecl win any mlerested persoryal . Because the planning Com m sson holds the punlnc hewing the City Council does rhol Mnutes era lakan and any ocina orbwhoe regwdng the application will be included in the repot to tra City Council a you with to have SOrmalhi g IO be elckided in the report mamas raved the Plantiro Staff rarsor ranked on the notiticalrOrt Notice of Public Hearing Chanhassen City Council Meeting Date & Time: Monday, May 10, 2021 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. _ Location: City Hall Council Chambers, 7700 Market Boulevard _ Consider a request for approval of a Metes and Bounds Proposal: subdivision of 1.3 acres into two single-family lots for property located at 2300 Melody Hill. Zoned Single -Family Residential (RSF). _ __ Applicant: Judith & Paul Poitevent Property 2300 Melody Hill Location: A location map Is on the reverse side of this notice. _ The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the What Happens public hearing through the following steps at the Meeting: 1. Staff will give an overview of the proposed project. 2 The applicant will present plans on the project 3 Comments are received from the public 4 Public hearing is closed and the City Council discusses the project _ If you'd like to see the plans before the meeting, please visit the city's Proposed Developments webpage at www.ci.chanhassen.mn.us/2021-09 If you wish to talk to someone about this request, please contact Bob Generous Questions & by email at bgenerous(cb_ci chanhassen mn us or by phone Comments: at 952-227-1131 If you choose to submit written comments, please send one copy to staff In advance of the meeting Staff will provide copies to the City Council The staff report for this item will be available online at the city's Agendas & Minutes webpage the Wednesday prior to the City Council meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas. packets, minutes and videos are uploaded to the city's website. Go to www.ci chanhassen.mn.us/notifyme to sign up! CRy Rwlew Procedure: e Subdivisions P armed Und Developments Site Plan Reviews, Conditional and Interim Uses Wallard Alterations Rezonmgs. Comprehensive Plan Amenctments and Code Amendments require a public hearing belons the Planning Cmmmissnon City ordinances require all property wdnin ii feel of the subject site to his nnt4ied of the appii alri ar wsding Any inlefalrlad putty IS inviter/ to attend the meeting • Staff prepares a report on the subjed application that includes all pertinent mlomri and a recomman]allon /hose report% are available by rw:riosI AI the Planning Commission meting staff will give a verbal overview of the report and a rucommondatim The item will tin opened for the public to speak abxil the proposal as apart of the hosing process The Commrssrm will rr i tie public teeing and discuss the $am and make a recemmandabon to the City Council The City Council may feverxn affirm or modify wholly or Panty the Planning Commission s nec ommendenon Rozonings land use and cods amendmi lake a simple majority vote of the City Council except rezonillgs and land use amendmens hom residential to c mmerualinclu%biW • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waive% fhi% klanclarn Some applicatrons due to thew complexly may take sevwal months to complNe Any person wishing to follow an item through the process should check with the Planing Department regarding is status and scheduling for the City Ccximll Treeing • A neighborhood spokespe,",Vropreserlabve ,s encouraged to provide a cooled lrr Ian sly Oftendevelopers afe encm(mi qi to meet with the neighborhood regwdirg Mere proposal Staff is also availeole to revew the project with any inlerested pwrsni • Because the Planning commission holds the public hearing the City Count I does not Minutes we taken and any correspondence regarding the application wdf be mokided in the report to the City Council if you wish to naw somwth,ng In be nirluti nth* report please coned the Puna ng Staff person named on the notdreation _�_ -- PIN TAX -NAME TAX _ ADD _L1 254590010 HPA BORROWER 2016-1 LLC 120 S RIVERSIDE PLAZA STE 2000 254590020 LESLIE A POLTRACK 164 DOUD DR 251100060 ROBERT E LEE III 16827 WILLOW LN SW 258370010 CHARLES G GOERS SR REV TRUST 2160 MURRAY HILL CT 253590030 RESTATEMENT OF KIM M BECQUER TRUST AGREE 2191 SOMMERGATE 255450180 MARK G GLODOSKI 2204 SOMMERGATE 252900020 THOMAS G & NEYSA L WINTERFR 2210 MELODY HILL RD 252670030 GRANT G LEUM REV TRUST 2210 SOMMERGATE 252670150 CLAUDE W & KAYE L BENSON 2211 SOMMERGATE 252900010 DANIEL M PESCHEL 2220 MELODY HILL RD 252670040 MITCHELL M & SUSANNE B KANTER 2220 SOMMERGATE 252670140 ADAM CUNNINGHAM 2221 SOMMERGATE 252670050 KIMBERLY P GALLOGLY 2230 SOMMERGATE 252670130 BRYAN POTTEBAUM 2231 SOMMERGATE 251100080 SAMUEL TAYLOR FINNEGAN 2240 MELODY HILL RD 252670110 ROI I A CARPENTER COUCHMAN 2240 SOMMERGATE 252670120 LYNDA M KUZMA 2241 SOMMERGATE 251100070 GARRETT TRAPNELL 2280 MELODY HILL RD 251100040 PAUL J & JUDITH A POITEVENT 2300 MELODY HILL RD 258450010 STANLEY J BARTON III 2350 MELODY HILL RD 257940020 SCP PE CHAN LLC 5320 W 23RD ST STE 205 250033000 IND SCHOOL DIST 276 5621 COUNTY ROAD 101 250940010 STEVENS INVESTMENTS LLC 6080 CLUB VALLEY RD 252670020 LUKE STECK 6239 CHASKA RD 253660010 MATTHEW C FALKNER 6240 CHASKA RD 252670060 CAROL JEAN GOOD 6245 CHASKA RD 252670070 JOSEPH G FISCHER REV INTERVIVOS TRUST 6251 CHASKA RD 252670080 REBECCA MCKENZIE DAVIS 6257 CHASKA RD 251150010 JOSEPH M PFANKUCH 626 E COTTONWOOD ST APT 1 251160010 FAZEL HARIS 6260 CHASKA RD 252670090 GLENN D JOHNSTON JR 6263 CHASKA RD 252670100 DENNIS L & SHIRLEY M PETERSON 6269 CHASKA RD 252980011 NARAYANAN KRISHNAMLIRTHY 6270 CHASKA RD 251100030 AMY DIESBURG-STANWOOD 6275 CHASKA RD 252980021 10HN J NOUN 6280 CHASKA RD 258450030 CHRISTOPHER OHLAND 6285 CHASKA RD TAX _ADD _L2 SITEADD CHICAGO, IL 60606-6995 2325 MELODY HILL RD LOS ALTOS, CA 94022-2369 6354 MELODY LANE PRIOR LAKE, MN 55372-2364 2250 MELODY HILL RD EXCELSIOR, MN 55331-8882 2160 MURRAY HILL CRT EXCELSIOR, MN 55331- 2191 SOMMERGATE EXCELSIOR, MN 55331-8800 2204 SOMMERGATE EXCELSIOR, MN 55331-8891 2210 MFI ODY HII I RD EXCELSIOR, MN 55331- 2210 SOMMERGATE EXCELSIOR, MN 55331.8800 2211 SOMMERGATE EXCELSIOR, MN 55331-8891 2220 MELODY HILL RD EXCELSIOR, MN 55331.8800 2220 SOMMERGATE EXCELSIOR, MN 55331-8800 2221 SOMMERGATE EXCELSIOR, MN 55331- 2230 SOMMERGATE EXCELSIOR, MN 55331- 2231 SOMMERGATE EXCELSIOR, MN 55331- 2240 MELODY HILL RD EXCELSIOR, MN S5331- 2240 SOMMERGATE EXCELSIOR, MN 55331-8800 2241 SOMMERGATE EXCELSIOR, MN 55331.8891 2280 MELODY HILL RD EXCELSIOR, MN 55331-8893 2300 MELODY HILL RD EXCELSIOR, MN 55331- 2350 MELODY HILL RD SAINT LOUIS PARK, MN 55416- 2401 HIGHWAY 7 MINNETONKA, MN 55345-4214 6421 HAZELTINE BLVD EXCELSIOR, MN 55331- 6330 HAZELTINE BLVD EXCELSIOR, MN 55331- 6239 CHASKA RD EXCELSIOR, MN 55331-8823 6240 CHASKA RD EXCELSIOR, MN 55331-8824 6245 CHASKA RD EXCELSIOR, MN 55331-8824 6251 CHASKA RD EXCELSIOR, MN 55331- 6257 CHASKA RD BOZEMAN, MT 59715-3030 6250 CHASKA RD EXCELSIOR, MN 55331 8823 6260 CHASKA RD EXCELSIOR, MN 55331-8824 6263 CHASKA RD EXCELSIOR, MN 55331-8824 6269 CHASKA RD EXCELSIOR, MN 55331- 6270 CHASKA RD EXCELSIOR, MN 55331- 6275 CHASKA RD EXCELSIOR, MN 55331- 6280 CHASKA RD EXCELSIOR, MN 55331-8824 6285 CHASKA RD 2S8450020 MATTHEW ALLAN KLOSKOWSKI 252980030 WILLIAM CROCKER 252980040 LAURA 1 LAMBERT LIMITED ACCESS TRUST 253590020 JUSTIN L RONNING 253590010 JOANNE LEWELLEN REV TRUST 254590100 DANIEL KELLY 254590030 DAMON M JOHNSON 255450210 CINDY TELLINGHUISEN 254590090 MICHAEL C TOBIN 254590040 DANIEL REICH 254590050 JASON REYNOLDS 254590080 STEPHEN J LEVOIR 254590060 RICHARD D BLISS 254590070 LYNN SUZANNE MILLER 6287 CHASKA RD 6290 CHASKA RD 6300 CHASKA RD 6320 MURRAY HILL RD 6340 MURRAY HILL RD 6361 MELODY l N 6366 MELODY LN 6370 MURRAY HILL RD 6377 MELODY LN 6378 MELODY LN 6390 MELODY LN 6393 MELODY LN 6400 MELODY LN 6405 MELODY LN EXCELSIOR, MN 55331-8824 EXCELSIOR, MN 55331-8824 EXCELSIOR, MN 55331-8825 EXCELSIOR, MN 55331-8834 EXCELSIOR, MN 55331- EXCELSIOR, MN 55331-6405 EXCELSIOR, MN 55331-6402 EXCELSIOR, MN 55331-8834 EXCELSIOR, MN 55331-6405 EXCELSIOR, MN 55331-6402 EXCELSIOR, MN 55331-6402 EXCELSIOR, MN 55331-6405 EXCELSIOR, MN 55331-6403 EXCELSIOR, MN 55331- 6287 CHASKA RD 6290 CHASKA RD 6300 CHASKA RD 6320 MURRAY HILL RD 6340 MURRAY HILL RD 6361 MELODY LANE 6366 MELODY LANE 6370 MURRAY HILL RD 6377 MELODY LANE 6378 MELODY LANE 6390 MELODY LANE 6393 MELODY LANE 6400 MELODY LANE 6405 MELODY LANE CITY OF CHAN*SSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1170 TO: Eric Whiteis Executive Title, 701 Xerxes Avenue South, Suite 260, Golden Valley, MN 55416 0 LETTER OF TRANSMITTAL DATE JOB NO. 7/16/21 PC 2021-09 ATTENTION Eric Whiteis RE: Poitevent - 2300 Melody Hill Rd WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/16/21 Warranty Deed Parcel A 1 7/16/21 Warranty Deed Parcel B 1 5/10/21 Certified Resolution #2021-21 1 7/16/21 EA Parcel A 1 7/16/21 EA Parcel B 1 7/16/21 Survey 1 7/16/21 Grant of permanent easement parcel A 1 7/16/21 Grant of permanent easement parcel B THESE ARE TRANSMITTED as checked below: ❑ For approval ® Approved as submitted ❑ Resubmit ® For your use ❑ Approved as noted ❑ Submit ® As requested ❑ Returned for corrections ❑ Return ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: copies for approval copies for distribution corrected prints SIGNED: If enclosures are not as noted, kindly notify us at once. CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I, Kim Meuwissen, Deputy Clerk of the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2021-21 "Approving a Metes and Bounds Subdivision Judith & Paul Poitevent, 2300 Melody Hill Road." adopted by the Chanhassen City Council on May 10, 2021 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 1 Ith day of May, 2021. Kim uwissen, Dep k of CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE:__ May 10, 2021 RESOLUTION NO: 2021-21 MOTION BY: Schubert SECONDED BY: Campion A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION JUDITH & PAUL POITEVENT, 2300 MELODY HILL ROAD WHEREAS, Judith and Paul Poitevent have requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: All that part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the Northerly right-of-way line of Bardwell Road distance 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning; and WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Single -Family Residential district, RSF; and WHEREAS, the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed metes and bounds subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts, Parcels A and B, subject to the following conditions of approval: Building: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 0 of 3. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Each lot must be provided with a separate sewer and water service. Engineering: 1. The applicant shall record typical drainage and utility easements around the perimeters of each parcel. 2. The applicant shall enter into an encroachment agreement for the existing fence and retaining wall on Parcel B and the existing retaining wall on Parcel A within the newly created drainage and utility easement prior to, or concurrently with, the recording of the subdivision. 3. Retaining walls shall not be constructed within drainage and utility easements. 4. Prior to connecting to the existing service laterals, the applicant's contractor shall verify their serviceability. For sanitary sewer, this shall be accomplished via CCTV which will be provided to the city for review prior to connection. 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021 they total $13,173.94, and are enumerated as such: a. Partial Hookup Fees: a Water Hook -Up fee of $2,476.00 and a Sewer Hook -Up fee of $691.00 b. Surface Water Development Fee: $4,206.94 c. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the dripline or the furthest point possible from the trunk around trees #391 and #397. 2. If trees #391 or #397 are damaged or removed due to construction, they must be each be replaced with a 2.5" overstory shade tree. Parks & Recreation: 1. Park Dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Planning: 1. The existing patio on Parcel B shall be removed. The applicant may provide a security in the amount of 110 percent (110%) of the cost for its removal. If a building permit for a house on Parcel B is applied for within 12 months of the approval of the subdivision, then the security shall be returned. 2 a *I Water Resources: 1. The applicant shall obtain all necessary permits from the Minnehaha Creek Watershed District, or show written proof that no permit is necessary from the District. 2. The Surface Water Development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021, the Surface Water Development fee totals $4,206.94. And adoption of the Findings of Fact and Decision. Passed and adopted by the Chanhassen City Council this I Oth day May of 2021. ATTEST: Laurie Hokkanen, City Manager YES Ryan McDonald Campion Rehm Schubert e r— - �0� &t44�-) Elise Ryan, Mayor NO ABSENT (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2016) eCRV number. DEED TAX DUE; S 1.65 DATE: :5"Lpf ItoJToZI (monttvdayryear) FOR VALUABLE CONSIDERATION, Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and marital status of each Grantor) ("Grantor i. hereby conveys and warrants to Paul J. Poitevent and Judith A. Poitevent (insert name of each Grantee) ("Grantee"). as ❑ tenants in common, (If more than one Grantee is named above and either no box is checked or both boxes are checked, (Check only one box J joint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in Carver County, Minnesota, legally described as follows: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the northeast corner of said Lot "D"; thence northwesterly 90 feet along the northerly line of said Lot "W; thence southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet southeasterly from the easterly right-of-way line of Chaska Road, as measured along the northerly right-of-way line of Bardwell Road; thence southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "W; thence 308.6 feet northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the northerly line of said Lot "D", distant 350.3 feet West of the northeast corner of said Lot "D"; thence northwesterly along the northerly line of said Lot "D", a distance of 57.04 feet, to the beginning of the line to be described; thence southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. Check here if at/ or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any. The total consideration for this transaction is less than $3,000.00. Page t of 2 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not /apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: ) Q Z 1 By Deputy Chanhassen Cq Clerk „10 �, Printed Name F� Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.1 Ch applicable box, The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: : ) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota, County of Rtrrmrse9 H Qa.+iV 1/J Grantor (signature) Paul J. Po vent (signet e) J ith A. Poitevent This instrument was acknowledged before me on 7-1074 by Paul J. Poitevent and Judith A. Poitevent, (monttVdaylyear) arried to each other (insert name and marital status of each Grantor) 76.'�tiva a4 Cl'�i tIVIQD41 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Attorneys Title Group, LLC 1054 Centerville Circle Vadnais Heights, MN 55127 (signatureofnota al is Title (and k My commission expires: (montt✓daylyear) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Paul J. Poitevent and Judith A. Poitevent 2300 Melody Hills Road Chanhassen, MN 55317 (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2016) eCRV number: DEED TAX DUE: $1.65 DATE: S`�c-`� (° IU Lk (monthldaylyear) FOR VALUABLE CONSIDERATION, Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and marital status of each Grantor) ("Grantor"), hereby conveys and warrants to Paul J. Poitevent and Judith A. Poitevent (insert name of each Grantee) ("Grantee"), as (Check only one box.) O tenants in common, (If more than one Grantee is named above and either no box is checked or both boxes are checked. Xjoint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in Carver County, Minnesota, legally described as follows: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any. The total consideration for this transaction is less than $3,000.00. Page 1 of 2 0 101 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not ,,-,'apply to this instrument. —� /L That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor, Dated: 2z Z) By Deputy Chanhassen City Clerk Printed Name:��(�& & 91 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.1 Ch5pk applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically fled. (If electronically filed, insert WDC number: : ) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota, County of H aipe P10 Grantor (signature) Paul J. Poitevent (sig store) dith A. Poitevent This instrument was acknowledged before me on 5�� by Paul J. Poitevent and Judith A. Poitevent, (montWaytyear) married to each other (insert name and marital status of each Grantor) (Stamp) ,ate CHRISTO^HER L. GEORGE Notary Public Minnesota '?y Commts:.rr Exp:rt, Jzn. 31, 2022 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Attorneys Title Group, LLC 1054 Centerville Circle Vadnais Heights, MN 55127 (signature of Title (and My commission expires: (montlVday/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Paul J. Poitevent and Judith A. Poitevent 2300 Melody Hill Road Chanhassen, MN 55317 • (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this 16 day of S0t'C , 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and PAUL J. POITEVENT and JUDITH A. POITEVENT, spouses married to each other ("Owners") 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described on the attached Exhibit "A" ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). The Owners desire to construct a retaining wall on the Subject Property which encroaches on the Easement Areas as depicted on the attached Exhibit "B" and labeled 1. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas for the retaining wall subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: • The City shall have no responsibility to maintain or repair the retaining wall located within the Easement Areas. • The retaining wall must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. 216631v1 • The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the retaining wall or resulting from construction of the retaining wall within the Easement Areas. The Owners of the Subject Property will own and maintain the retaining wall. Further, Owners agree that the retaining wall shall be constructed consistent. with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the retaining wall located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the retaining wall to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the retaining wall to the extent it impacts the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. Signature pages follow. 216631A 2 0. 9 CITY OF CHANHASSEN By X-Z(X;� L'a (SEAL) E ise Ryan, Mayo And Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) j The foregoing instrument was acknowledged before me this �SL2h day of \J t & , 2021, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City anager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority gr ted by its City Council. , of ublic T. MEUWISSEN Notary Public -Minnesota qmK'M Y C"m*Ww � Jon 31, 2025 216631v1 • • STATE OF MINNESOTA ) (ss. COUNTY OF 110+rEPW ) PROPERTY OWNERS: Paul J. Poi event � �L J rth . Poitevent The foregoing instrument was acknowledged before me this /6 day of �3#- it , 2021, by Paul J. Poitevent and Judith A. Poitevent, spouses married to each other. a CHRISTOPHER L. GEORGE Notary Public Minnesota DRAFTED BY: CAMPBELL KNUT$ON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 216631vl 4 EXHIBIT "A" That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel A / abstract] 216631v1 5 EXHIBIT "B" - r O aITUhpw7u DRNEWAYf " . - / i 1 395 216631v1 6 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this 1� day of S-JVY , 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and PAUL J. POITEVENT and JUDITH A. POITEVENT, spouses married to each other ("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described on the attached Exhibit "A" ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). The Owners desire to construct a retaining wall and a concrete slab on the Subject Property which encroaches on the Easement Areas as depicted on the attached Exhibit "B" and labeled 2 (retaining wall) and labeled 3 (concrete slab) (collectively the retaining wall and concrete slab referred to as "Improvements"). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas for the Improvements subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: • The City shall have no responsibility to maintain or repair the Improvements located within the Easement Areas. 216632vl • The Improvements must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the Improvements or resulting from construction of the Improvements within the Easement Areas. • The Owners of the Subject Property will own and maintain the Improvements. Further, Owners agree that the retaining wall shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvements located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the Improvements to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the Improvements to the extent it impacts the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. Signature pages follow. 216632v1 2 CITY OF CHANHASSEN By)JAII. (SEAL) E ise yan, Mayor AndM Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoinIfthe instrument was acknowledged before me this �b day of 2021, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City anager City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority grar;ted by its City Council. Pu KIM T. MEUWISSEN t Notary Public -Minnesota My Gawwnlslon Expina Jan 31. 2025 2166320 3 STATE OF MINNESOTA ) (ss. COUNTY OF tiowrvip ) The foregoing ir. 2021, by other. strument was acknowledged before me this 16 day of Paul J. Poitevent and Judith A. Poitevent, spouses married to each DRAFTED BY: CAMPBELL KNuTsON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 216632vl 4 EXHIBIT "A" That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel B / abstract] 216632v1 • • EXHIBIT "B" ff� \ ••sus � ^. � / .., . , Ao 4 / f j y a , _IT / 41 n 1 #3§4 / c, Jt 216632v1 6 I. EFIAI. nhSCKIN ION _ All Ihal part of L.r "n" Bard»ell Acrr., LAX, Man elnnk.. Carver C'n M.... xnm. akxrihed .r NIn»T R<pnnmg m the MITI 150.1 feel W, I of the Nnnhe:ut H.mer of sud L. "U". the., Nnithw•astedy 90 feel aking the Nnnherly line of i.,d l.nl "n". thence SM rlin—telly 137 feet In a pmm nit lh< nnnherly risht.,f-wny line n(NaMwell Rnad di+lanl 151 kel G.ulhcamaly from the fxaerly nRhl-nf-way line nfChsaks a r.f` \ r \`) \ �'/'�J` /•i Road. ax Im•.aanrrd ahmg the N.nherly nghl.,f w.y h.,,f BArdwrll RnAd: Ihence tiolrthrarterly 111 6 feel In R pnm, 511 15 fed W"I of We �. T r� \ / !f/!' • , j / , I..,, liar of+ d I.a "n": thence 10N 6 feel N.nn<AaIM, In he paint of hegummng10 . ( lam) .�) �/ ' A r /• / / ' /`,� S'IANI)ARO SYMBOI. S k CONVLNHONS •." namlemm. a��rvry m.rker. (mill. aMrxx .,he M.ed. 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Iw \-e[ nAaning comment. m n,h•, encOmhna—, That »'nuld h• n I.M by A curtrnl ,.I, rnmm.meml. \ e — e -' �' '' ' / J� I i, l X I 't; �. / / r PROPOSED ."RECOVER - tM u n ,crefi r Inn xm,n Ikea a., p.RRn, In dmw any r.xemrnlr n, rnrmnh,.nr„ other Inn. he�� '� _ J� ; j>• I I �� // n (-\T �_'�-✓ atELUNo a,DOr sa. rt. x An. hncan. O \\ --��!/' ' '' / I ( 1 f r roRc. RaO ED ": rT. x The p1Rl of Rardwen Arm is old. the nnn ma.amrntx we hafmmd amI xhn, .. ,m..I nn `f \ . �.\ \ _ ' / I / ` ' \1_I y DRfvfaxv "RE, n• n.xt m cn,Tpl,t, agworent. Ili, Iegal 1,,,nplmn rRlh "tit a pint 511 15 feet Wrxl of the Lxt \ ✓ \ + _ �"av / , - I , 0 Y -- ' r TOOL PATIO Asa. iT, liar of I AH It" npprar In M it l,Mkd In he m<.ann 1 along the rrnhrhne .r Ra,Jwrll Rd. Whle/;,. e r tIArrD TO RF ......n A9 ar ....... we Lave Aha,n Ihe h.tmd— of It." pmpenv :I. he„ we ... 1.. R m n"Irng'I... pnm \ \ /' // / / ! { f�` ,n'<yx, nit. gin nnn.mm. »',• a'an1 g,'wnU gat• Ka'in \ � �/ //j Mt /! M TO, PROPOSED HAROCMER 1,21. 90, IT, t »gym, r.nmrtln t nr Harr that .and Ida toe 1 ' /. / s ' Pa / _ . > p I re Bing If the xarvcy wcrc rhallrn0 If Ihu , jrdg mix a, the mg that Wa like Iike In \ \ \�•-` , ' / / % /' rP r J ARE. OF LOT tr III[ s0. FT. .xn . M,Arrmr m Ham uuf lime a nMgr mlr ml the nmurr, hIn like Au I,ga1 1 % /' / % ✓ .SL fq p pf rdn ga, lime and a "., would he mt nlveA / \ q. / / ' / // ' i / 1• ' / / , I r/ i LOT lov!A.t t5.o, A 1, .hnnld he .,led that this am »., rnmpl-el wnh ..gmhram sa.w [ -it, an U, We `b. a , ' / / / /� + i' / / pb xorE: WE IWVE sHowv A PossuLE aeEAURtO llMt nit, Ae nnt•m ,h., all nr were „ham'<d And 1—red durmR ,hc prmeax of rMMurimg the / \ A ' / / / / i ' • / / ,�) // Fyn+ / , ' ////J�[[I • t• WORKS WITH THE ALLOWABLE LET TMI ARE. nt rvry dw in the nnn» In— tIf Ihu. I,.reMinty Ir xnmelhing )'^„ wnulA like In rcmm'r. pleaxe / ` \ \��/ `r2\Y \ ,� / / ' • / ,),, %I rrgt 4 AT ' ACTUAL BUILDI.O PUxe NID IMRm/EYExTS CMILD \*� �' / / I / / % I� a'4bnRrLey r�eRgAW '" q ". �{ nE ADJUSTED Al xEEDEO To ACct%YEOATE «pax[ all Impmvemcnlx aMl we ran rcmm In IM'nle .Will Ilcma. if needHl. A W' /' / ' / e+aaar R wr OIFFERF.T SITE PI A.e, n 5�i1' / •. / / / / /' /'', E%191IN0 HARDCOVER 17 A / .• \ .•_,k ``\'fix''µ 'rx �r //�i�/( ''' / .Amnrlaa�taTa �I A 4' ncgrsL I.esa RE.saFrET. \\ I ♦ `/\ / r : DARADE IEEE. . n / ?/ `f v r / / I / coNc. ..MI All. 1.''''�, DRIViwAv a,atA s.. ET.r. Y,p+ 6AVER IE7 w. rr. nronFrecEsnAc near , v \ \ey <`.� \\\ /+• • /r+% / PavER WALK a STOOP Ina an. rT- iw1r/Ay n1talf m rwm.7y - •a + /S Toru Ex)srtnc IURocovER e,00a ao. FT. ' 11, \\�. ^,•�\.O\: I�`+1 ... ��F --N )� ( "REiAREA rxnwrs le FT ROAD 'r sr.rxiln. PROPOSLU LI!CiAL OGSCRIPIION PARC'LL. A' Thal n of IN 'n" Pant-11 Ac I.akr Mlnnemnk A. (-Arvrr C'n.,n Mhwam U, Aercnhrd ar fnllnw,. Re nnitin I the 1150.1 fM An EX79TIN0 XAROtOVEP rMCEI 9 West of the Nonhcw, cmmrr el"an! Ian "n". thence N� hwenerly `R) feet along the Vnrrh,+ly line of Hind I ,, Iherat Sntnhw<steriy 1)7 7 \ ♦ root rarto ,AXe .0. rr. fit, ,,. IxnM nit the north+ly nght-1f y h.e nr Nnrdwell Rnad, irtnnt 151 Fear S.Uil—atrrly frnm the F.anerly nRM�tf-wny Ime nfChaaka � r \ \ �1 � r 4r `!v 'O ) t ),/i \ a rota[ Ex1STTND —. —A ,Axe s0. FT. R.a.l, a. meaeured Ahmg the Nonhetly nghl-nf-w.y line of Bardwell Rn.d. Ihence \mnh...Iefly 111 n feel m a pain, SI 1.15 kel Well nflhe C \ Ijy� I C / I :aal ;in, of A.,d LAa "U": the— 10NA feet NnrthrAaterly In the pnm, .f hXir Unit, Iv,ng Nnnhwrsterly of the f Ilow,ng d,s KA Ilnr. '(/ •Ru Or , or St, tet 80. ri. Cnmmrnriag al A rr I.n the Nnnherly line of .aid InI "n". dixun, 150.1 feet Wen of Ihr N.nh...I e.me, of x.al I.ni -n": Ih—I \ I , I / ♦ / (MEA EXCLUDES rR rT ROAD tASEYENT) ORAINACC MD U TT EASENCNla S.OVM nwla'. \ e VMth,vNerly nlMtq the V.Mhrly l,nr nf.raid 1..1'U".. JiArmwe ad,. Oe fee,. I. Ihe N OR re , of fhr Ilnr In ,l, nRh,-.f IMmr< ,<♦ I y, EOT COVEMOF e.T Snu,hweAlerl,. deRerling ,o the ten. DR degree. 5A mumnex 4O a«Boll., a An4nee of IN OR feet. m the Nnnherly nghl-nf-wny .f Nnrdwell R = \ \*A /`1\ b�\\ 11 \ i / I R.Ad, and mid lime thcrc IerminallnR. O$` A — — — — _ — . _ / PROPOSED LLCAL IT,S('RIPTION PARCEL B I \^y* \\ aN e)• l / that pan of l.nl "1" Banlwrll Ac R lake M.... m ka, Carver CMmty. Mmnc»Mn. A,xrnh,d na fnllnw, Help, g it Iha• pnm, 150.1 fit, \ \� \ \ '�— query" • — f — / Weal of the NmtlRnxl rnmrr of said I nt "n": Ih•Ixr N.nhwesaerly ,Al Re, .1n.g I. N.nhMy line of a.id I nI "n thence S—Ilya rerly 117 I e e I \/\ _ 1 _ — faA In A pnm[ nit the IRmh<rly nght+.f--way Ilea• of Bnnlwell Rn.d dixtnm 151 fat wHnh•Aatrrty finm the FAatrrly nphl.,f—w line of Chaaka I / SaeY2%' a �� w� — �— — — — — — — — Rnad, ar m[.rurtd along ,he Nnnherly nghl-nl-w.y Imr of RRrdwell Rn.d: ,hence tinutheav,erly it l.M1 feet, to .pnm, 51I.)5 feet We,t of the I I / \R ////�� Gait liar .f xniA L. "n": thrncc 108.6 fort N.xOtrR.rteny I. Ili, point of beginning. lying Snuthranerly of the f Ilnwmq desrnllaA line: I I / \ -( ('nmmencmp nl a point nit the NrHlhttly line of awd L. "n", rh� nt 150.1 fell W'nl Of the Nnnhesu cnmer of WI L. "n": thence I I / S( )) 13 NMlhwealerly along ,he Nnnherly line of .Aid Lnl "n". a distance of 57 fN 1-. In the h<g,.mng of the Imr In he de—W. Ihemr es s ItRr w [tow, tat[ AAe ACM / / \ ~'loom (rat trN Ae-euaa 91Q39 !West) - Snuthwenerry. Acfleeling to the left. ON drgne. 54 minute. 4" xanndA, a Jutence of 1M.9R ran, ,. the NMtherly nght.,f-w.y n! B.rJwrll to� r a —uaw / — — — — — — — — — Rnad, and r.,d line Them LerannatmR. ^w^ IRS A. EAIt R[»sac. ascwP,roH DaA- N AIRA CUE C_LlENP"AMREss ' Ken a..,r a.+ an w. aRw. a Atron SIIRVEyED DATE: SKET I'Mt SNEET NO. _ yr�ffaoRL_ s _ ..s wfrwD ry r aR waX .. oRfct Y,rtR.sox - trs/), sHow .RaPoxD wr,ovlNEN.s Aw I.cr r Advance a"Dal'"x .. A wr amwaD aaar.a,»aDA LOT SPLIT SURVEY Ao 1. 19 JUDY POITEVENT """ wx°�IRAR A FEBRUARY ) -1 TRE•F. PRF_SERVATION n,e/n La•rt t0oe a roAo urtA snow .0 T ^ /� a/I'm slow rR .. cd,WR9 'rly SUrvey,ngd Lnr7mt•.vrnU. C.'O. — 9NCCT tilIE: 22%3/ s 1 t/EA/EI ADD DRARIM • ULLRY E.MWITS 10 Y.ARIwO LOT 1300 MELODY HILL w»..w.r DRAFTED DATE: CHANHASSEN, MN �I50< DRAWING NUMBER �)./RI IIIOW AE[ rw[YwVA,aN F�LT1, MARCH 6 2021 iEBRUARY A, i021 ' I fl(I,f/a li'P LOT SPLIT (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES PAUL J. POITEVENT and JUDITH A. POITEVENT, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the Easement Property") INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. 215415vl 1 0 • The above -named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above -described Easement Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this I U day of 7SUL-( , 2021. GRANTORS: Paul J. Poitevent STATE OF MINNESOTA ) (ss. COUNTY OF 16j) The foregoing instrument was acknowledged before me this A day of S%jt--i , 2021, by Paul J. Poitevent and Judith A. Poitevent, married to each other, Grantors. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651)452-5000 �d CdRISTOPHER L. GEORGE `" ''`� Notary Public �. Minnesota Wty c m 6siw Em* W. 31, 2C22 215415v1 2 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A permanent easement for public drainage and utility purposes over, under, across and through the Northwesterly 5 feet, the Northeasterly 5 feet, the Southeasterly 5 feet and the Northeasterly 10 feet of the Southwesterly 28 feet of the following described property: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel A / abstract] 215415A 3 EXHIBO'B" to GRANT OF PERMANEP&ASEMENT T � Ij✓� (vw� \ 1h" � cy 9$•54'49 v / Jb \ ' L DRAINAGE AND UTILITY ', �6,♦\ �� EASEMENTS SHOWN THUS: 8�q k' II — II I I KING, 5 FEET IN VADTH ALONG SIDE AND REAR LOT LINES ANO +0 FEET IN WIDTH ALONG FRD4T LINE AS SHOWN ON SURVEY Advance 1111111 TITL ".106 ADD:tESS ,I sue, AEA co EASEMENT EXHIBIT PARCEL A 4 179.7 HptnvBy *6 7 2300 MI ELODY HILL RD. r Mh�anka. Mhn mu 56315 pkrc"(%21474.n54 ° -S `0 CHANHASSEN. MN Wabl wwwplwu,aon 2lsalsvI 4 (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES PAUL J. POITEVENT and JUDITH A. POITEVENT, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the Easement Property"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. 215636vl I The above -named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above -described Easement Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this day of �t-'t , 2021. GRANTORS: Paul J. Poi event J dith . Poitevent STATE OF MINNESOTA ) ( ss. COUNTY OF Ke &,wFP W ) The foregoing instrument was acknowledged before me this 16 day of ��'1 , 2021, by Paul J. Poitevent and Judith A. Poitevent, married to each other, Grantors. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 215636v1 2 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A permanent easement for public drainage and utility purposes over, under, across and through the Northwesterly 5 feet, the Northeasterly 5 feet, the Southeasterly 5 feet and the Northeasterly 10 feet of the Southwesterly 28 feet of the following described property: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel B / abstract] 215636v1 3 EXHIBOB" to GRANT OF PERMANESASEMENT 98.54'49" \ J J \ f J / rY\ / r0 7 �o v <.1r_ M- / DRAINAGE AND UTILITY / 'N co; EASEMENTS SHOWN THUS: ti II II BONG S FEE7 IN "DIM ALONG SIDE AND REAR LO7 UNES AND 10 FEET IN WIDTH ALONC FRONT LINE AS SHOWN ON SURVEY Advance S~.pft & Emwwf p Co. l"MM OM104.7M LRAWIN3OW?NTFTIJN � BCALE I� I 25 4o EASEMENT EXHIBIT 2300 MELODY HILL RD. CHANHASSEN, MN PARCEL B 215636v1 4 • (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2016) eCRV number DEED TAX DUE: $2,260.50 DATE: (montWaY4,ear) FOR VALUABLE CONSIDERATION. Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and marital status of each Grantor) ("Grantor"), hereby conveys and warrants to Amanda Lynn Sutter and Charles A Sutter (insert name of each Grantee) ("Grantee"), as (Check only one box) ❑ tenants in common, (If more than one Grantee is named above and either no box is checked or both boxes are checked, ❑ joint tenants. this conveyance is made to the named Grantees as tenants in common.) real property in Carver County, Minnesota, legally described as follows: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D": thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any. Page 1 of 2 C] Page 2 of 2 Check applicable box.- 0 The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically fled, insert WDC number: ) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota. County of Minnesota Uniform Conveyancing Blanks Form 10.1.1 Grantor (signatures Paul J. Poitevent (signature) Judith A. Poitevent This instrument was acknowledged before me on , by Paul J. Poitevent and Judith A. Poitevent (monttVday/year) married to each other (Stamp) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Attorneys Title Group. LLC 1054 Centerville Circle Vadnais Heights, MN 55127 (insert name and marital status of each Grantor) (signature of notarial officer) Title (and Rank) My commission expires (monthiday/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Amanda Lynn Sutter and Charles A Sutter 2300 Melody Hill Road Chanhassen, MN 55317 0 (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2016) eCRV number DEED TAX DUE: S 722.70 DATE: (montwday/year) FOR VALUABLE CONSIDERATION, Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and marital status of each Grantor) ("Grantor"). hereby conveys and warrants to Pamela A. Simning Revocable Trust (insert name of each Grantee) ("Grantee"). as (Check only one box.) ❑ tenants in Common. (If more than one Grantee is named above and either no box is checked or both boxes are checked. ❑ joint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in Carver County, Minnesota, legally described as follows: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the northeast corner of said Lot "D"; thence northwesterly 90 feet along the northerly line of said Lot "D"; thence southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet southeasterly from the easterly right-of-way line of Chaska Road, as measured along the northerly right-of-way line of Bardwell Road; thence southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the northerly line of said Lot "D", distant 350.3 feet West of the northeast corner of said Lot "D"; thence northwesterly along the northerly line of said Lot "D", a distance of 57.04 feet, to the beginning of the line to be described; thence southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet. to the Northerly right-of-way of Bardwell Road. and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any. Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.1 Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota, County of Ram This instrument was acknowledged before me on married to each other Grantor (signature, Paul J. Poitevent sg°ar `e, Judith A. Poitevent by Paul J. Poitevent and Judith A. Poitevent, (montt✓day/year) (insert name and marital status of each Grantor) (Stamp) (signature of notarial officer) Title (and Rank). My commission expires: (montlVday/year) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Attorneys Title Group, LLC 1054 Centerville Circle Vadnais Heights, MN 55127 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Pamela A. Simning Revocable Trust CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on April 29, 2021, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of a Public Hearing to consider a request for approval of a Metes and Bounds subdivision of 1.3 acres into two single-family lots for property located at 2300 Melody Hill, zoned Single -Family Residential (RSF), Planning Case No. 2021-09, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me thi*V_�' day of , 2021. 1 Kim T. M uwis n, Deputy Cl rk (Seal) Notary Public JEAN M STECKLING Nobw PubNo-MirM6ft WV 0=wAW n bq" JW 31.2= SCANNED Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city. county. state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free. and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features The preceding disclaimer is provided pursuant to Minnesota Statutes §466 03. Subd 21 (2000). and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify. and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one This map is a compilation of records. information and data located in various city, county. state and federal offices and other sources regarding the area shown. and is to be used for reference purposes only The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features The preceding disclaimer is provided pursuant to Minnesota Statutes §466 03. Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by Userr its employees or agents. or third parties which arise out of the user's access or use of data provided 0 «TAX NAME» «TAX_ADD_L1» «TAX ADD L2n «Next Record»aTAX_NAME» «TAX_ADD_L1» «TAX ADD L2» Notice of Public Hearing Chanhassen City Council Meeting Monday, May 10, 2021 at 7:00 p.m. This hearing may not start Date & Time: until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Boulevard Consider a request for approval of a Metes and Bounds Proposal: subdivision of 1.3 acres into two single-family lots for property located at 2300 Melody Hill. Zoned Single -Family Residential (RSF). Applicant: Judith & Paul Poitevent _ Property 2300 Melody Hill Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses the roject. If you'd like to see the plans before the meeting, please visit the city's Proposed Developments webpage at: www.ci.chanhassen.mn.us/2021-09. If you wish to talk to someone about this request, please contact Bob Generous Questions & by email at baenerous(cDci.chanhassen.mn.us or by phone Comments: at 952-227-1131. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the City Council. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Wednesday prior to the City Council meeting. NEW! Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! city Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Wetland Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application In writing Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation The item will be opened for the public to speak about the proposal as a part of the hearing process The Commission will close the public hearing and discuss the item and make a recommendation to the City Council The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal Staff is also available to review the project with any interested person(s) • Because the Planning Commission holds the public hearing, the City Council does not Minutes are taken and any correspondence regarding the application will be included in the report to the City Council If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen City Council Meeting Date & Time: Monday, May 10, 2021 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Boulevard Consider a request for approval of a Metes and Bounds subdivision of 1.3 acres into two single-family lots for Proposal: property located at 2300 Melody Hill. Zoned Single -Family Residential (RSF). Applicant: Judith & Paul Poitevent 2300 Melody Hill Property Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborho� about this project. During the meeting, the Mayor will lead What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses the If you'd like to see the plans before the meeting, please visit the city's Proposed Developments webpage at: www.ci.chanhassen.mn.us12O21-09. If you wish to talk to someone about this request, please contact Bob Generous Questions & by email at bgenerous(cDci.chanhassen.mn.us or by phone Comments: at 952-227-1131. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the City Council. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Wednesday prior to. the Council meeting. NEW! Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city Often developers are encouraged to meet with the neighborhood regarding their proposal Staff is also available to review the project with any interested person(s) • Because the Planning Commission holds the public hearing, the City Council does not Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. 9 you wish to have something to be included in the report, nlease mntact the Plannino Staff Derson named on the notification. __ PIN TAX _NAME TAX_ADD_L1 TAX-ADD-1-2 SITEADD 254590010 HPA BORROWER 2016-1 LLC 120 S RIVERSIDE PLAZA STE 2000 CHICAGO, IL 60606-6995 2325 MELODY HILL RD 254590020 LESLIE A POLTRACK 164 DOUD DR LOS ALTOS, CA 94022-2369 6354 MELODY LANE 251100060 ROBERT E LEE III 16827 WILLOW LN SW PRIOR LAKE, MN 55372-2364 2250 MELODY HILL RD 258370010 CHARLES G GOERS SR REV TRUST 2160 MURRAY HILL CT EXCELSIOR, MN 55331-8882 2160 MURRAY HILL CRT 253590030 RESTATEMENT OF KIM M BECQUER TRUST AGREE 2191 SOMMERGATE EXCELSIOR, MN 55331- 2191 SOMMERGATE 2S5450180 MARK G GLODOSKI 2204 SOMMERGATE EXCELSIOR, MN 55331-8800 2204 SOMMERGATE 252900020 THOMAS G & NEYSA L WINTERER 2210 MELODY HILL RD EXCELSIOR, MN 55331-8891 2210 MELODY HILL RD 252670030 GRANT G LEUM REV TRUST 2210 SOMMERGATE EXCELSIOR, MN 55331- 2210 SOMMERGATE 252670150 CLAUDE W & KAYE L BENSON 2211 SOMMERGATE EXCELSIOR, MN 55331-8800 2211 SOMMERGATE 252900010 DANIEL M PESCHEL 2220 MELODY HILL RD EXCELSIOR, MN 55331-8891 2220 MELODY HILL RD 252670040 MITCHELL M & SUSANNE B KANTER 2220 SOMMERGATE EXCELSIOR, MN 55331-8800 2220 SOMMERGATE 252670140 ADAM CUNNINGHAM 2221 SOMMERGATE EXCELSIOR, MN 55331-8800 2221 SOMMERGATE 252670050 KIMBERLY P GALLOGLY 2230 SOMMERGATE EXCELSIOR, MN 55331- 2230 SOMMERGATE 252670130 BRYAN POTTEBAUM 2231 SOMMERGATE EXCELSIOR, MN 55331- 2231 SOMMERGATE 251100080 SAMUEL TAYLOR FINNEGAN 2240 MELODY HILL RD EXCELSIOR, MN 55331- 2240 MELODY HILL RD 252670110 ROLLA CARPENTER COUCHMAN 2240 SOMMERGATE EXCELSIOR, MN 55331- 2240 SOMMERGATE 252670120 LYNDA M KUZMA 2241 SOMMERGATE EXCELSIOR, MN 55331-8800 2241 SOMMERGATE 251100070 GARRETT TRAPNELL 2280 MELODY HILL RD EXCELSIOR, MN 55331-8891 2280 MELODY HILL RD 251100040 PAUL J & JUDITH A POITEVENT 2300 MELODY HILL RD EXCELSIOR, MN 55331-8893 2300 MELODY HILL RD 258450010 STANLEY J BARTON III 2350 MELODY HILL RD EXCELSIOR, MN 55331- 2350 MELODY HILL RD 257940020 SCP PE CHAN LLC 5320 W 23RD ST STE 205 SAINT LOUIS PARK, MN 55416- 2401 HIGHWAY 7 250033000 IND SCHOOL DIST 276 5621 COUNTY ROAD 101 MINNETONKA, MN 55345-4214 6421 HAZELTINE BLVD 250940010 STEVENS INVESTMENTS LLC 6080 CLUB VALLEY RD EXCELSIOR, MN 55331- 6330 HAZELTINE BLVD 252670020 LUKE STECK 6239 CHASKA RD EXCELSIOR, MN 55331- 6239 CHASKA RD 253660010 MATTHEW C FALKNER 6240 CHASKA RD EXCELSIOR, MN 55331-8823 6240 CHASKA RD 252670060 CAROL JEAN GOOD 6245 CHASKA RD EXCELSIOR, MN 55331-8824 6245 CHASKA RD 252670070 JOSEPH G FISCHER REV INTERVIVOS TRUST 6251 CHASKA RD EXCELSIOR, MN 55331-8824 6251 CHASKA RD 252670080 REBECCA MCKENZIE DAVIS 6257 CHASKA RD EXCELSIOR, MN 55331- 6257 CHASKA RD 251150010 JOSEPH M PFANKUCH 626 E COTTONWOOD ST APT 1 BOZEMAN, MT 59715-3030 6250 CHASKA RD 251160010 FAZEL HARIS 6260 CHASKA RD EXCELSIOR, MN 55331-8823 6260 CHASKA RD 252670090 GLENN D JOHNSTON JR 6263 CHASKA RD EXCELSIOR, MN 55331-8824 6263 CHASKA RD 252670100 DENNIS L & SHIRLEY M PETERSON 6269 CHASKA RD EXCELSIOR, MN 55331-8824 6269 CHASKA RD 252980011 NARAYANAN KRISHNAMURTHY 6270 CHASKA RD EXCELSIOR, MN 55331- 6270 CHASKA RD 251100030 AMY DIESBURG-STANWOOD 6275 CHASKA RD EXCELSIOR, MN 55331- 6275 CHASKA RD 252980021 JOHN J NOUN 6280 CHASKA RD EXCELSIOR, MN 55331- 6280 CHASKA RD 258450030 CHRISTOPHER OHLAND 6285 CHASKA RD EXCELSIOR, MN 55331-8824 6285 CHASKA RD • 258450020 MATTHEW ALLAN KLOSKOWSKI 252980030 WILLIAM CROCKER 252980040 LAURA J LAMBERT LIMITED ACCESS TRUST 253590020 JUSTIN L RONNING 253590010 JOANNE LEWELLEN REV TRUST 254590100 DANIEL KELLY 254590030 DAMON M JOHNSON 255450210 CINDY TELLINGHUISEN 254590090 MICHAEL C TOBIN 254590040 DANIEL REICH 254590050 JASON REYNOLDS 254590080 STEPHEN J LEVOIR 254590060 RICHARD D BLISS 254590070 LYNN SUZANNE MILLER 6287 CHASKA RD EXCELSIOR, MN 55331-8824 6287 CHASKA RD 6290 CHASKA RD EXCELSIOR, MN 55331-8824 6290 CHASKA RD 6300 CHASKA RD EXCELSIOR, MN 55331-8825 6300 CHASKA RD 6320 MURRAY HILL RD EXCELSIOR, MN 55331-8834 6320 MURRAY HILL RD 6340 MURRAY HILL RD EXCELSIOR, MN 55331- 6340 MURRAY HILL RD 6361 MELODY LN EXCELSIOR, MN 55331-6405 6361 MELODY LANE 6366 MELODY LN EXCELSIOR, MN 55331-6402 6366 MELODY LANE 6370 MURRAY HILL RD EXCELSIOR, MN 55331-8834 6370 MURRAY HILL RD 6377 MELODY LN EXCELSIOR, MN 55331-6405 6377 MELODY LANE 6378 MELODY LN EXCELSIOR, MN 55331-6402 6378 MELODY LANE 6390 MELODY LN EXCELSIOR, MN 55331-6402 6390 MELODY LANE 6393 MELODY LN EXCELSIOR, MN 55331-6405 6393 MELODY LANE 6400 MELODY LN EXCELSIOR, MN 55331-6403 6400 MELODY LANE 6405 MELODY LN EXCELSIOR, MN 55331- 6405 MELODY LANE CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2021-09 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, May 10, 2021 at 7:00 p.m. The purpose of this hearing is to consider a request for approval of a Metes and Bounds subdivision of 1.3 acres into two single-family lots for property located at 2300 Melody Hill. Zoned Single -Family Residential (RSF). Applicant: Judith & Paul Poitevent. A plan showing the loca- tion of the proposal is available for public review on the city's website at wwwci.chanhassen. mn.us/2021-09. All interested persons are invited to express their opinions with respect to this proposal. Robert Generous Senior Planner Email: bgenerous(:y ci.chanhassen.mn.us Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday April 29, 2021 - No_402F, ) Affidavit of Publication Southwest News Media State of Minnesota) )SS. County of Carver ) Vera Kehl, being duly sworn on oath says that she is an authorized employee for the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcd efghijklmnopgrstuvwxyz Subscribed and sworn before me on this' day of t 2021 Public By: Vera Kehl LAURIEA HARTMANN �� NOTARY PUBLIC- MINNESOTA MYOO,�,�.., M h_EXPI13ES01131125 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $14.74 per column inch SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2021-09 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, May 10, 2021 at 7:00 p.m. The purpose of this hearing is to consider a request for approval of a Metes and Bounds subdivision of 1.3 acres into two single-family lots for property located at 2300 Melody Hill. Zoned Single -Family Residential (RSF). Applicant: Judith & Paul Poitevent. A plan showing the location of the proposal is available for public review on the city's website at www.ci.chanhassen.mn.us/2021-09. All interested persons are invited to express their opinions with respect to this proposal. Robert Generous Senior Planner Email: bgenerous(a)ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on April 29, 2021) gAplan\.2021 planning cases\21-09 2300 melody hill metes and bounds sub\ph notice to villager.docx SCANNED Alk • COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard OF CHMNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: Aril 6, 2021 April 29, 2021 Aril 5, 2021 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 bgenerous@ci.chanhassen.mn.us Senior Planner 60-Day Review Period Deadline: Planning Commission Date: City Council Date: N/A at 7:00 p.m. May 10, 2021 at 7:00 p.m. June 4, 2021 Application: Request for approval of a Metes and Bounds subdivision of 1.3 acres into two single-family lots for property located at 2300 Melody Hill. Zoned Single -Family Residential (RSF). Applicant/Property Owner: Judith & Paul Poitevent Planning Case: 2021-09 1 Web Page: www.ci.chanhassen.mn.us/2021-09 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services. stormwater drainage, and the need for acquiring public lands or easements for park sites. street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities. ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineering ❑ Jackson Township ® Fire Watershed Districts: ❑ Minnetonka ® Forester El Shorewood ® Park Director ❑ Carver County WMO ❑ Victoria ® ❑ Lower MN River Water Resources ® Law Enforcement MieCreek El Law Adiacent Counties: Riley -Purgatory -Bluff Creek Riley -Pura Carver County Agencies: ❑ Hennepin — Utilities: ❑ Scott ❑ Community Development ❑ Engineer ® Cable TV — Medi School Districts: ❑ Environmental Services ❑ Electric —Minnesotaota Valley ❑ Historical Society ® Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ® Magellan Pipeline ® Minnetonka 276 ❑ Natural Gas — CenterPoint Energy Soil &Water Conservation District ® ® Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum ❑ Health ❑ Historical Society ❑ SouthWest Transit ❑ TC&W Railroad ❑ Natural Resources -Forestry ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation SePANO CITY OF CHANHASSEN • P O BOX 147 CHANHASSEN MN 55317 04/05/2021 10:39 AM Receipt No. 00467469 CLERK: ashleym PAYEE: Paul & Judith Poitevent 2300 Melody Hill Rd Excelsior MN 55331- 2300 Melody Hill ------------------------------------------------------- Subdivision 300.00 Sign Rent 200.00 Recording Fees 100.00 GIS List 147.00 Total Cash Check 1947 Change 747.00 0.00 747.00 0.00 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard CITY OF CHANNSEN Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 Submittal Date: r APPLICATION FOR DEVELOPMENT REVIEW PC Date CC Date 60-Day Review Date: (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 Subdivision (SUB) ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Create 3 lots or less ........................................ $300 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ Commercial/Industrial Districts` ...................... $500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) 'Include number of existing employees: 'Include number of new employees: ❑ Residential Districts ........................... .............. $500 Plus $5 per dwelling unit ( units) ❑ Create over 3 lots .......................$600 + $15 per lot ( lots) Metes & Bounds (2 lots) ................................. $300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)* 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. /Notification Sign (City to install and remove)........................................................... t't'l........ ..o O .......................................... $200 * Property Owners' List within 500' (City to generate after pre -application meeting) ...... ....... $3 per address � ( addresses) Escrow for Recording Documents (check all that apply)....................................................................... $50 per document 11 ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Vacation ❑ Variance ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) ❑ Slte Plan Agreement ❑ Wetland AIteration Permit Deeds xs TOTAL FE O O . Description of Proposal: ( f 7141 ' 00 Property Address or Location: ollii,300 - d,3h>Z IMGI�y E�'► I� aG�( G� �+ �',N 9 Parcel #: 2-Ir 00040 Legal Description: ��L- dIM'✓eY Total Acreage: Wetlands Present? ❑ YesZo Present Zoning: �i•• Select One Requested Zoning: Select One b-s I C� Present Land Use Designation: Select One Requested Land Use e�s�gr�ft�n $q�e Existing Use of Property: Q_Si �� `Q RECEIVED ❑Check box if separate narrative is attached. APR U 5 2021 -SCANNED CHANHASSEN PLANNING DEFT t Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions. subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: CJ (A�,1�Ltc�.� ?0%, �,7Contact: Address: Phone: City/State/Zip: txL ov/ Cell: ►f Email: 0 'r1 Fax: Signature: ��4 Date: This applicati`oP1-must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of Staff reports? Property Owner Via: 21mail ❑ Mailed Paper Copy ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Other Contact Information: Name: ►tite�iS ctl,DJf� Address: City/State/Zip: Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM I SUBMIT FORM I FGAl. DFSCRIP'fIDN- 511 In., pan of Los "D" Bud..cll A- Lake Mrnrs-ka ['slier County. Sf,m -LL di,-,bd as follows. Neglnnmg al the W,nI 110 3 feel lm feet In at Neon hei1nonherl111 h-of'wa linen of Nardwell RuWd Ynt t153rfees S-thratelrllr fmmf the I sterl tht-lief-way tree ofCh.,k, ^ram` I I -I WTn y rig ' Y Y -1 Y A 1 \ / f Ri,ad..s muNlNtd along it. Northerly nght�,f-w-way tine of IMrJwNI 0.sad; Theme Snmbeanrrly 731.E feet to a I+omt 511.35 leis Well of the Fan line of aW Lot "D": them, 308.6 feet Is,rd sserly to the point of beg -rig f; �-� I �'"�/ �.� / ' /' •/ // / J � 3r e ,I`� i� ` t3 pis [p[sc) //,• �f�/ /.• / ///: � / / \/`.� a... eRw $TA NDAR1) SYMNDI S R CDNVF.NrIONS: „\ales 3\�`-- np,A51 7�`i /' /� //i/�'� , / /," / av''/ \ // `b, •f '." Dem� Iron coney marten.1 d. unlr„ od erw „e Holed. 3 a r \Sao- s n'sB,t L�-J, : �, / : /, ; i / / / " m SCUPf: OF N'ORK III LIMITATIONS I. show mg tlx• length and duabon of hsumlory hoe, of the legal de,cnpl- tested ahi- The• a ess" s ..,Poem #'/`�'�.' 'i / i�' ' i ' /;' / / ,�I /� >� , eo... -1 cope of ou un ce, doe not include ,kacmvnmg what you own. which is a legal matter. How, .oN,I� P'.... rh.kr the legal d.-ITH �is wnh yore renHd, or n,nsull w,Ih o:,Xas nl legal c....1. Ifsaofl'/' , .'/ /, , r /,� ! . ei\ . bEAs) ' Mcc-) Io make ,ore that it is -.1 amt that any matters of record. slreh as ea#inrnt., Thal , ,y r, Wa,IaaAs,OaT w./• a _ -F �r ' '' �, / /, �. ��, //�: , // ,.. f / / / �.• /° , ^� % ) `y I ' _ ]1 ] (DE$C/p4an 1 w nh T,r br incl,wkd nn The sort. here Men sh,wn ,.'�+�-J� 1 SMwmg the timnonofuhcened eAUI.g,-Irr-aw-xr dean-e- tie the s,wey. \ •m' ��/'i '/: /' �i%": •• // !//:'// / /'° �N.u-'/ - 7 Bening survey marker or venfyrng elnlaig s-ey marker Io -Al Ihr comer a( the ,1 �' ... -.......... 4 hart rig hu Wing dnnehu,m and snback, 111-ted to..hide nfsidmg,rt lnleco s\\ j• /• ; / /// J, % 5. Show mg and lebulal rig mpervrous surface c vemgc of the b1 for your rcvmw, and for she \\\ / I_ �,;� i; i / / •, f, ' / If such gov ,Tu ..Eal ugu,ee, That nta) lure "nnd,e4nn over Thea• royuirenlenn to ♦ _ _ +-NB - r / ' /, % !/J��' •!/' ' / ' enfy they arc ronectly hown before VnrarrJ rig w Ili wnslrw:Fon. \\\w A I / �/' : / /�/-i%// . • {.• /'' % o Showing ele--, on Iho we M ,clnlol 1-,- 1. gna imtmAll the sWr nave elwI pnrE ufoouf r yr ome ar n ,bh•rm n rig el r �\\ tP� _ i P.��" • ./ ' / / / �. ' /1� // ./J//��' -I. j/ / nsib. mvwkd A lit-hbvcboI oa this site. The cle,ahon: down relate only to the benchmark pro, i.kit on Ihra a \ 4. - '-' - J / ' �v !:"/ / �./'i ,."Y a /!! delino. Use has ho-lHosd and check nl I- one „It., fwhro ah„wn ,m the Hirt ey whin /' • / / ' a / �/ lermnmg other el-l-for col this am ,r before beg,nning cumhuc6on. / \� - '' //,/ • �. �J'•�;., ( Put sonny has hen completed w,nhoul the benefit of a e,.-nl 1.11, -n... mmat. There stay be . \ ! e �; • • ,•;�/ql ,sitting eNomenh or usher cmvmhmncas has would be rcveelol try a went rue n,mm,InMm \ \ \R - ' /�' i _ Jf i /i ,Y \ •y; •/% /I /" PROPOSED MAKOVERhemet - vAPO[l n Therefore, Ihs . u„e) dues SOT purport 1 show an) ea Hmstl, or ere Tshnnre,-�� PKILIND z,eo1 N. r x The plat of RaNwell A- is old, the non -nutrients we here found and show on Ilia iursry . ,!\\ \\\ --�- , / �' _ J/ , I 1 ( 1 f ,� "C. z5D N. F T. are and in complete agreement. IIm legal de-pnon calls "to a path it 1 35 fret West of uIe Fast i+ra _ MIVENAY ,tee; N. Fi. `J,a POOL PATIO N. FT. hot of I.nt D' appear In he inlr,Nkll In fir ,neseurol slung The CCnla'rlia of NirJwfl Rd While \ \/• y\ /' / �'' I� n+. I PATID TO BE REL,OVED AS NFGF55ARYI we love shown Inf toonlay of Diu proprny as ben w caa from v-sinsltng plate. poor \\ \Rp�\ TOTAL PROPOSED NARD(AVER 5,2W SO. FT, n ey,, and some -.11TOng Hfnr,n E n, w, cai I be ,are Ihas A )edge would agree won ..�� Resorting d the ,Nney were challenged. If Ihs unee..n,y is wmethmg that you would like to \ \ \ f/' / i' , / i G' // f r p ' / AREA OF LOT z, , ref N. Fl, s piusihle m gn m coon and have a judge role on The manor. hot hke all legal `\ a; " ,OI / f•. / , / / ,/ / ✓ / 6L y ' F pnmeedr�g.,limeandnen.)wormheln.elred r Sg, %c „• / / / / / �,'' // y LOT COVERAGE zs.m 9. 11 alsoiild Ira• noted that This sure[) was completed with s,gnluc'onl son, a+vemgc on ins, We / \ \ �• ° / / ' % / / / /�r, / P� ' t,' / / ' / q�� (9 NOTE: WE HAVE $HORN A POSSIBLE SGERMIO iNAI cannot he aronPln That all ncm, were ohser,ed stint k-ed during the pbmels yr conducting the .Ik / / i / i / ,' / /,/'/ / MR WITH THE ALLORABLE LOT r ERAOE. ,urvcy due In the ,now carer. If this -enemy H samelhng )ou would like b remo.e. please / \ \ \ I, Yf.. \ j/ i / ' • ' ,/�' /' "J. �'� ; a _ ,4 , y i ACR L BUILDING PIJ.NS AND IIEaNIEENTS (OaLD esp,ne all tmpmvcmenls and wr can -ra to loea,..I hems• docedul.r!`eiRAa�r �nauR rasa io i BE -LISTED P[psu Es iTe TPL�usDW00ATE �\ . ♦ l /P � ra a % r � /� � }� /w]•rsr� aesa,'4' gnxst ALKS : �, / / "^ \ \\4.; cl.)\ 4AWMo lAQ ro PwnlgETj ---. _, �B / \ J / PROIN)ShU LI:fIAL Dl:gc'RIP fION PAN['LL A: That pan of Lot "D" BaNwcll Acres lake Mmnebnka. Carver ('eons). nnesota. descnbest ae followsg aI t . Begrnnuthe point 350.3 feel \ r Al / / Mi) West of the Northeast wrncr of,aiJ LoT "D'. theme Nunhwenerty 9U fa1 along ,ter Northery ha of,a,J Lor "D": TIEeme S-1hweslerl) 331 \ 7\ P leel m a pn,nl on Ihl• mrdMrl) ugh-o4wsy lia of Nardwell goad intent I57 fres StulRxirrly fmm Ilw• Faskrl) nghtof--way I,a of C'he,ka //c,, \ \ I`7 ° s ; t\ Road, N measured slung The Northerly ngh-of-way line of RarJwcll RoaJ: Thence Souheanrrly 3] 1.6 (rrI m a Wmt 511.35 fe<t Wen o(Ihc �( , \ \ ..,\ 'h� � r, ) ,.-T( / ' Fail hm of seal Los "D". thence 108.6 f t Northeasterly h the point oflregmmng. lying M,nhwesterly of the following daxnhad hoe. ( \ \ (+\" 1 t L anim nit .1 a point oa be Noshed) line ofsatd L., "D", d,ntatn 350.3 fxI West or the Northeast came, of said Los "D"; thence \ \ e•� $. t I ,r North, c,vrly abng the Northerly Itne ,fsaid Lyl "U". a durance of 17.04 feet IT. the bcgrnnrng of she hne In he de -hod: theme OR -AGE AND uM.11 EASE.C.TS SIM N sus: SNuthwe,l.rty dellectmg,,, the left. 9R degrees 54 nsrwe 49 -lids. -inane. of J04 W fat, to The Nonherl, light if-wa, of bardwell \\ ,+'�j' !'1 I I \ 4; ' �I I I I I I I I I Road, and said I,m The. lernt-ltn . If s \A C..\ i T - - - - - _ / �V PROPOSED LEGAL DESCRIPTION P.\RC FL H. ,N °'•J}„ �\ / I hat I.ol'O' Nn,dwell Ae- 1 M,nnetonke, Carver Ceunly. Mtnmw,l., do.rib d As Rdhnvs. Negmmng t1 she 350.3 feet I \\� \\\,,,° 10� \ e/' �� `I pad of eke pours t,cs1 of the 11 at, come, of said Let "D': there North -leis, 90 feel along the Northerly line of ,aiJ Lot "D": thence Smdhwnterly 331, 1 I a�, \ it w " tee, roe p.rnl.. the nonhedy Igh<,f_way here of buds ell R-d distant 153 faxn t Souusterly from :s, the Iterly nghw,f-w Ay ha of Chaska 1 1 / r `f� N B1.SiY N _ - �- - 1 � - - - - - Road. .1 measured along the Northerly ngh-f-way line of Nardwell ROa.1, lhencr Southeasterly 331.61'eel In is point 511.15 feel Is of the I aas luo of said L., "1)*. In,- 309.E feet NoMk'.Icrly 11, the point of hegrnn,ng. lying %,ith-W,1% of the hlbwmg da•,enhsnl Ism' Commencing at a point on the Northerly hoe of -I Let "If'. drnant 350.3 fat We,t of the N.nh...I come, of seed Lot "D": Iheme / \-yin Yi +- et61] (TEAS) Nunhwe,irrly abng the Nonheny Irrc of said Lin 'D". A J,.Mme of S7.04 feel. to the beg,nning .1 the lint h be JewY,brd. them:. / \- m, �� urn stl.ss South-ta ,l3, deflarbng w the left. 98 deg,us 54 remotes 49 sce-sh a si`s-e of 304.W feel. to the N,mharly ,gh-&-y of b.Nw ell Road, and sad hoc Then Ie--Hong. real iw[ As .uR, a ,uli•A, / - -- rAtt „s/a, I -Seas OESniPtleN Sr,Oir MOPoS[D rMOv[,aENR AND TAGGE. TREES DRAWN(' ORIENTAigN l SGLE l,XN1_ DNESS GLEN A� Advance iaEP (Yana MA, eb PLAN, NRR. w a- eAi Aare n ■ a waIFR ar 04c, aslawsu � w1 «� uao �+A, SURVEYED GATE' SSHIEET TETLE LOT SPLIT SURVEY SHEET Nr, via/:, Leurt roaE a aoan Ann -1 .11 ',I/ JUDY POITEVF.NT $,-yny J Ergr-icy, Co. lama ,r ,As ° Nr n 1ti/�f I FEB..- z. zan TRFF P_RFSFR VA TION SNEET SIZE : u x]a C 1 V,l/a sHOR PROPosE o ralm,Rs -- 13(Rl MELODY HILL Dw,Freo DATE: V r/t1/t, va/:, AM OPAN,AO(a utlLm [ASEMENTS TO RENAMNc LOT swR -1 PRESERN.na h��9T/ mil f T CI[ANHASSF.N• MN F CHA ,rein W+.r Ho / Mn..i,"•• NH"a..N sstaa N]503 ,cr".r.o ELM 6. 20216. 2021 FEBRUARYA 20]1 DMWING NUMBER 21003E WP LOT SPLIT CFIvFn APR 0 5 2021 SCANNED CHANHASSEN PLANNING DFpT 1�l�lID.7��EO �;.;.l�i! eta:.—��:,.>•�� !. ��:! �.'•SS3; i�X�YIT.L.^..�.'1rJ0.T.2.d•'6l� i �� vuluLuic9.ry �lLE! IL•]/DR:_�O.' { l_•:111E•:.li {. LEUM X EXISTING TREE TO HE REMOVED . EXISTWCAMENCOVERAOEANFA i PROFOSFD CANOFV COVERAGE REMOVAL peM.D V FNi PARCEL NET ACRES 13 ACRES 15561E SOFT) APPROXIMATE TREE CANOPY COVERAGE 25,W $0 FT APPROXIMATE % IRE[ CANOPY COVERAGE 45 6\ F(MT 'V rnP FNi C.•IT•NATIONA IF ROXILOFE111TTREE,EST THE C. CANIVC APPROXIMATE DEVELOPMENT TREE E CANO COVERAGE F 445 60 FT APPROXIMATE DEVELOPMENT Y TREE CANOPY COVF RAOF. AA M1Y OS^`f. 1 1 . ' i IOC AMrATE66[OP yy WI%/A,IOp1 D2R ANN}J4 •�,ri�•r�'RR:AST,��y1 01.A rR1hREM,' �'.3�y'...j•., N� rAYTf�P+^��1 MvJ „R nEn1i+10 P1LAP.f[..RAfM rOrfM '.-0�Mb,,{{��^C� YOLR� RrR • p1q11(( TIM IRo,BOTr], RfRL EPRpf:]n wnAc�aR A Aw{BMo ro A21 N uw rPN Ir a UTiN�'NA6IV 1lVM Awl+IDAWWWAAL0.uIRWlA 1A'K X.L JNPIRLA [NPOWRD•6W6 MAww nrt WX1 +rtDnrr ArIT w TInNee nrudan caN,1N..:noN 'IEFm 11. N'IL1-1 EN 1•,LE-11?-:M —- EXISTING TREE PROTECTION DETAIL J DIAMA i LN �AIVM1 �MfwMr ..A a M'LL i >\-- - - - - - - - - - - - R�2>•M / 4p N BruiT•In mfvv ..-BINn s1T]s taEsc) NDF1r45, LVKN l01 D-. ]ID.]e (YEAS) • � II l I EST COVERAGE 25.OA NOTE. RE NAVE SHORN A POSSIBLE SCEWRIO THAT WORKS RITN THE ALLOWBLE LOT COVERAGE. ACTLUL eUILDIM PLANS AND IMPROVEMENTS COULD BE AWLSTED AS NEEDED TO ACCOMLIOOATE DIFFERENT SITE PLANS. EXISTINO WRUCOW. . PARCEL A ry 1,836 W. FT. E 1,000 $0. FT. GASAI(E APRON 95] SO W. FT. MY ].e11 W. FT. ]] S0. FT. THIS 50.ALK 4 51" THIS EX!STIW HARDCOVER 8,006 50. FT. OF LOT 37.108 W. FT, EA EXCLUDES 10 FT ROAD EASEBENTI LOT COVERAGE 21.5Y 1 EKISTING NMOCOVER • FARCEL B I PATfO 1,126 W. FT E%t5TIM1 MMOCOVER 1,12E 50. R DF LOT --- - _ -- 21,16, SO. FT I .I.•.i,r nr •,c Nor ,.w - DRAVRNU ONENTATI _.44Se�4€ —QN ' ! 0 CIIENDge ADORES. -- JUDY POITEVENT 13p0�0 M�FLODYHLLL CHANHASL7C7i'HAsSFAIMN Advance $w_ynlg B En'q I%nllg. Co. ro r r�Y•.r A, r IyEn RfRr wTR4 rfW }RM,p MEORt w•DEo n r n unR w owu anDMrfr nM1 r w A RA, ASI SEao LAD XR _ uaf x uc A x +urt +oN / BURVEVED DATE: iENEVARY 2. N21 SNEET TITLE LOT SPLIT SURVEY TREE PRESERVATION SEEET SIZE: 22%3I $MEET NO - C 1 V - F r5/21 f.'ID/m 9qR "Olo D .rRDrDID+1S AND 1AODID nlEE9 LOCA,[ [Do[ rc rtRAD nRR R+aR In' - �--_-�- I /1I/21 BNOR .RaDeLD CWRRAe _l/Ci,�P/ ^' wfFN w. �yG "=�°� RUN;Ns.2azT DAARED DATE: FEBRUARY 1. 202t DRUkWNG NUMBER 1IX136WPLOT SPLIT 11IIn1 ADD DRANA6[ R U"UtV EAEENENTB TO R[MARR IO LOT "n2, / —AQNEfLRWBIIN — APR 05 2021 SCANNED CHANHASSEN PLANNING DEPT Ofrrn of Counfl Asspisor .. O Adft Ao rthn gfgtif I Oovemn enl con,"an �r Carver County Property Tax Department _ - W F00 East 4'" P O Box 69 5531 , C.hasita, i141V 5531A-0069 VALUES AND CLASSIFICATIO U3 (952) 361.1910 • M M co carver mn OS Taxes Payable Year: 2020 W Estimated Market Value: B96 300 Z � Q For eta lalbeiq visit om wnbxxa al WN1y.GeiYa'fx.exl.W • Pay A1ep I lamesleed Exclusion: - = t2-I V yaw, lase onuna • Slen or for our To. Paymaol nomlador 1 Taxable Merkel Value: 696,300 New W • Pdot addltlonat eopWx oft- To. Stalomanl Improvements/ Expired Lr.. cc---- --- Exclusions. Property ID N: 25.1100040 I Properly Classification: Ras Mate }O K. M Stop Taxpayer. PAUL J & JUDITH A POITEVENT 02011287 2 PROPOSED TAX S8,548.00 230E MELODY HILL RD PROPERTY TAX EXCELSIOR MN 55331-8893 61ep 3 First half taxes due: second hell taxes due: Total Taxes Due In 2021: Tax Detall for Your Property: Taxes Payable Year: 2020 eligible forproperty tax refund. 1. Use this amount on Form MIPR to see if you are REFUNDS? Fib by August 15. If this box is checked, you owe delinquent taxes and are not eligible. ❑ You may be eligible for one or 2. Use these amounts on Form M1 PR to see if you are eligible for a special refund. 8,617.85 even two refunds to reduce your property tax. Read the back of th/a statement to find out how to apply. 81118: 1192025 Property Address: 2300 MELODY HILL RD EXCELSIOR ION 55331-8893 Property Description: Secbon 03 Township 116 Range 023 P/0BARDWELL ACRES L3 G KA 35 P/O LOT D DESC ASr: BEG 350.3' W OF NE CORN OF LOT D TH NWLY 90' ALONG NLY LINE OF LOT D TH SWLY 33-P TO PT ON NLY R-O-W LINE OF BARDWELL RD 15T SELY FROM ELY R-O-W LINE OF CHASKA RD AS MEAS ALONG NLY R-O-W LINE OF BARDWELL RD TH SELY 331.6' TO A PT 511. Line 13 Special Assessment Detall: 2013 ST REHAB PROJECT #13-01 332.56 HAZ & SOLID WASTE FEE RES/AG 33.00 Principal: 348.97 Interest 16.59 D 3. Property taxes before credits 8.617.65 e-5 4. Credits that reduce property taxes A. Agricultural market value credits of B. Other Credits 6. County A. CARVER COUNTY B. CO RAIL AUTHORITY 7. City or Town CITY OF CHANHASSEN S. State General Tax 9. School District SD 0276 MINNETONKA A. Voter Approved Levies B. Other Local Levies 10. Special Taxing Districts A. Metro Council B. Metro Mosquito Control C. Metro Transit District D. Carver County CDA E. Watershed 11. Non -school voter approved referenda levies 12. Total property tax before special assessments 13. Special Assessments Interest: 16.59 Principal: 348.97 14. TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS �LjI��.. N 2021 702,80E 702,80E Raa Hard F" 2021 e,saa.44 8.548.44 2,622.01 2.609.84 7.55 7A6 1,578.43 1,66629 2,256.61 2.192.27. 1,681.99 43. w _ 29.41 28.79 104.06 95.02 119.14 125.42 106.07 108.69 66.62 8,617.85 8,548.44 382.15 365.56 9,000.00 8,914.00 W Z U N American Land TitleAssociatio . Commitment for Title Insurance 10 Adopted 08-01-2016 Technical Corrections 04-02-2018 Chicago Title Insurance Company Transaction identification Data for reference only. Issuing Agent Attomeys Title Group, LLC Issuing Office: 1054 Centerville Circle, Vadnais Heights, MN 55127 Issuing Office's ALTA SRegistry lD: 1149543 Loan ID Number 1540010095 Commitment Number 2020-0284 Issuing Office File Number. 2020-0284 Property Address: 2300 Melody Hill Road, Excelsior. MN 55331 7 3. 4. SCHEDULE A Commitment Date: Policy to be issued: February 17.2021 (a) ALTA Loan Policy (06/17/06) Proposed Insured: Megastar Financial Corp, its successors and/or assigns as their respective interests may appear. Proposed Policy Amount: $ 397,000.00 The estate or interest in the Land described or referred to in this Commitment is Fee Simple. The Title is. at the Commitment Date, vested in: Paul J. Poitevent and JudithA. Poitevent, married to each other, as joint tenants The Land is described as follows: All that part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast comer of said Lot"D". thence Southwesterly 337 feet to a point on the Northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road as measured along the Northerly right -of --way line of Bardwell Road: thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot"D", thence 308.6 feet Northeasterly to the point of beginning. ABSTRACT PROPERTY. Attorneys Title Group, LLC By: Christophe 'G� ttorn This page is only a part of a 2016 ALTAu Commitment for Title Insurance issued by Chicago Title Insurance Company This Commitment is not valid without the Notice: the Commitment to Issue Policy, the Commitment Conditions, Schedule A: Schedule B. Part I -Requirements: and Schedule 8. Part ll-Exceptions: and a counter -.signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. AMERICAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and LAND TITLE ALTA members in good standing as of the date of use. All other uses are prohibited. ASSUc IATION Reprinted under license from the American Land Title Association. lt-� (2020-0284, PFD/2020-0284/23) American Land Title Association I* Adopted for Title Insurance 0 Adopted 08-01-2016 Technical Corrections 04-02-2018 Chicago Title Insurance Company SCHEDULE B, PART I Requirements All of the following Requirements must be met 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured. or both, must be properly authorized, executed, delivered, and recorded in the Public Records. a. Mortgage from Judith A. Poitevent and Paul J. Poitevent to Megastar Financial Corp. securing the principal amount of $397,000.00 5. Mortgage executed by JudithA. Poitevent and Paul J. Poitevent wife and husband. dated April 2, 2020. filed April 10. 2020 as Document NumberA693805 in the amount of $397,000.00 in favor of Mortgage Electronic Registration Systems, Inc.. as Nominee for Megastar Financial Corp. a Colorado corporatioin. 6. The standard form of Seller's and/or Purchaser's Affidavit satisfactory to the Company, will be required SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT. CONDITION. RESTRICTION. OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENTTHATTHE SPECIFIC COVENANT CONDITION, RESTRICTION. OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE. COLOR. RELIGION, SEX. SEXUAL ORIENTATION, GENDER IDENTITY HANDICAP. FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in ScheduleA, and will include the following Exceptions unless cleared to the satisfaction of the Company: Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created. attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I -Requirements are met NOTE: Upon closing withAttomeys Title Group, LLC, ItemAon Schedule B2 will be deleted. The Final Policy will extend coverage as to the gap between the Effective Date listed in Item 1 of ScheduleA and the date of recording of the instruments creating the interest to be insured. 3. Any discrepancies or conflicts in boundary lines, any shortages in area, or any encroachment or overlapping of improvements. 4. Any facts, figqhts, interests or claims which are not shown by the public record but which could be ascertained by an This page Is only a paff of a 2016 ALTAR Commitment for Title Insurance issued by Chicago Title Insurance Company This Commitment is ndt valid without the Notice: the Commitment to Issue Policy: the Commitment Conditions: Schedule A. Schedule 8 Part I -Requirements: and Schedule B. Part Il-Exceptions: and a counter -signature by the Company or its issuing agent that may be in electronic form Copyright 2006-2016 American Land Tide Association. All rights reserved. AMERICAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and LAND TITLE ALTA members in good standing as of the date of use All other uses are prohibited ASSOCIATION Reprinted under license from the American Land Title Association. (2020-0284. PFLV2020-0284/23) American Land Title Associatio • Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 SCHEDULE B (Continued) accurate survey of the land or by making inquiry of persons in possession thereof. 5. Easements. liens or encumbrances or claims thereof, which are not shown by the public record. 6. Any lien or right to a lien for services. labor or material imposed by law and not shown by the public record. 7. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record. 8. Covenants, conditions and restrictions affecting title, if any. which appear in the public records. 9. Easements, if any, which appear in the public records. 10. Reservation of minerals or mineral rights appearing in the public records. 11. Drainage and utility easements over the subject property as shown on the recorded plat 12. No coverage is provided for municipal code compliance matters and fees including, but not limited to, utilities, right of way maintenance. water or sewer services. or fees for tree, weeds, grass. and snow or garbage removal, police boarding. vacant building registration and zoning. 13. 24-Month Chain of Title Informational Note: 1. Warranty Deed to Paul J. Poitevent and JudithA. Poitevent filed July 13.2006 as Document Number445288. 14. If there are any questions regarding this Commitment please contact Christopher George at cgeorge@attomeysttemn.com or at (651) 338-6632. This page is only a part of a 2016 ALTAO Commitment for Title Insurance issued by Chicago Title Insurance Company This Commitment is not valid without the Notice: the Commitment to Issue Policy: the Commitment Conditions: Schedule A, Schedule B. Part I -Requirements: and Schedule B. Part ll-Exceptions: and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. � AM ERICAN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and LAND T, T L f ALTA members in good standing as of the date of use. All other uses are prohibited N-K I NT10% Reprinted under license from the American Land Title Association. jp�� (2020-0284. PFD/2020-0284/23)